Texas House Bill HJR84

Texas 2009 - 81st Regular

• Out of House Committee: 4/27/09

Caption

Proposing a constitutional amendment allowing a state mandate imposed on a county to have effect only if the state provides for payment to the county of the cost of the mandate.

Impact

The proposed amendment would specifically modify Article III of the Texas Constitution, adding a new section that describes the conditions under which state mandates would be applicable. Notably, the amendment would exclude mandates related to constitutional compliance, federal laws, court orders, or those enacted by a supermajority vote with explicit provisions stating otherwise. There would also be exceptions for mandates that result in estimated costs below $1 million in a fiscal year.

Summary

HJR84 proposes a constitutional amendment aimed at ensuring that any state mandate imposed on counties will be effective only if the state provides for payment to the county covering the costs associated with the mandate. This change is designed to alleviate the financial burden that state mandates can place on counties, especially those that require significant changes or expansions of services. By necessitating that the state fund these mandates, the bill intends to foster better financial planning and resource allocation for local governments.

Contention

While proponents of HJR84 argue that such measures are necessary for fiscal responsibility and transparency between state and local governments, opponents may contend that it could lead to delays in the implementation of crucial state mandates. Critics might express concerns that the financial threshold, while potentially protecting smaller counties, might inadvertently shield larger counties from responsibilities that could be beneficial to their constituents. Furthermore, there is an underlying debate about whether state oversight or local autonomy should prevail in the context of governance and funding.,