| 1 | 1 | | 81R8448 PAM-F |
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| 2 | 2 | | By: Coleman, Farabee, Kuempel, Homer, H.J.R. No. 84 |
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| 3 | 3 | | Anderson, et al. |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A JOINT RESOLUTION |
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| 7 | 7 | | proposing a constitutional amendment allowing a state mandate |
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| 8 | 8 | | imposed on a county to have effect only if the state provides for |
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| 9 | 9 | | payment to the county of the cost of the mandate. |
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| 10 | 10 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article III, Texas Constitution, is amended by |
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| 12 | 12 | | adding Section 68 to read as follows: |
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| 13 | 13 | | Sec. 68. (a) A mandate adopted on or after January 1, 2010, |
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| 14 | 14 | | by the legislature or by rule of a state agency that requires a |
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| 15 | 15 | | county to establish, expand, or modify an activity in any way that |
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| 16 | 16 | | requires the expenditure of revenue by the county that would not |
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| 17 | 17 | | have been required in the absence of the statute or rule is |
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| 18 | 18 | | effective only if the legislature appropriates or otherwise |
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| 19 | 19 | | provides for payment or reimbursement to the county of the costs |
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| 20 | 20 | | incurred by the county in complying with the requirement. |
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| 21 | 21 | | (b) This section does not apply to a mandate: |
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| 22 | 22 | | (1) imposed by the legislature or a state agency to |
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| 23 | 23 | | comply with a requirement of this constitution, federal law, or a |
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| 24 | 24 | | court order; |
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| 25 | 25 | | (2) approved by the voters of this state at a general |
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| 26 | 26 | | election; |
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| 27 | 27 | | (3) imposed by a statute enacted by a record vote of |
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| 28 | 28 | | two-thirds of the members elected to each house that expressly |
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| 29 | 29 | | provides that the mandate is not subject to this section; or |
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| 30 | 30 | | (4) estimated by the comptroller to have aggregated |
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| 31 | 31 | | costs to be incurred by the counties of this state in complying with |
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| 32 | 32 | | the mandate that are less than $1 million in a state fiscal year. |
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| 33 | 33 | | SECTION 2. This proposed constitutional amendment shall be |
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| 34 | 34 | | submitted to the voters at an election to be held November 3, 2009. |
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| 35 | 35 | | The ballot shall be printed to permit voting for or against the |
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| 36 | 36 | | proposition: "The constitutional amendment allowing a state |
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| 37 | 37 | | mandate imposed on a county to have effect only if the state |
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| 38 | 38 | | provides for payment to the county of the cost of the mandate." |
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