Texas 2011 - 82nd Regular

Texas House Bill HB3684 Compare Versions

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Old	New	Differences
1	1	82R23478 KJM-F
2	2	By: Callegari H.B. No. 3684
3	3	Substitute the following for H.B. No. 3684:
4	4	By: Callegari C.S.H.B. No. 3684
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to evaluating governmental financial matters.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 107.002, Civil Practice and Remedies
12	12	Code, is amended by adding Subsection (c) to read as follows:
13	13	(c) A fiscal note prepared by the Legislative Budget Board
14	14	as described by Chapter 314, Government Code, must be attached to a
15	15	resolution granting permission to sue before a legislative
16	16	committee hearing may be held on the resolution.
17	17	SECTION 2. Section 314.001, Government Code, is amended to
18	18	read as follows:
19	19	Sec. 314.001. SYSTEM OF FISCAL NOTES. The Legislative
20	20	Budget Board shall establish a system of fiscal notes identifying
21	21	the probable costs of each bill or resolution, including a joint or
22	22	concurrent resolution, that authorizes or requires the expenditure
23	23	or diversion of state funds for a purpose other than one provided
24	24	for in the general appropriations bill.
25	25	SECTION 3. Section 315.004(a), Government Code, is amended
26	26	to read as follows:
27	27	(a) At the request of the lieutenant governor or speaker of
28	28	the house of representatives, a state agency shall prepare an
29	29	economic impact statement for any pending bill, concurrent
30	30	resolution, or joint resolution that directly affects that agency.
31	31	Preparation of the statement shall be coordinated through the
32	32	Legislative Budget Board director.
33	33	SECTION 4. Section 320.001, Government Code, is amended to
34	34	read as follows:
35	35	Sec. 320.001. DEFINITION. In this chapter, "mandate" means
36	36	a requirement or restriction made by a statute enacted by the
37	37	legislature or a rule adopted by a state agency [on or after January
38	38	1, 1997,] that requires a political subdivision to establish,
39	39	expand, or modify an activity in a way that requires the expenditure
40	40	of revenue by the political subdivision that would not have been
41	41	required in the absence of the statutory provision or
42	42	administrative rule. The term includes a requirement for a report,
43	43	but does not include a requirement or restriction that only creates
44	44	flexibility in allocating resources.
45	45	SECTION 5. Section 320.004, Government Code, is amended to
46	46	read as follows:
47	47	Sec. 320.004. REVIEW OF UNFUNDED MANDATES. (a) The Sunset
48	48	Advisory Commission in performing a review of a state agency whose
49	49	functions affect political subdivisions may [Before September 1 of
50	50	the even-numbered year before the third anniversary of the date of
51	51	enactment of a mandate identified by the interagency work group
52	52	under Section 320.003, the interagency work group shall]:
53	53	(1) review the legislative history of any [the]
54	54	mandate related to the functions of the state agency being
55	55	reviewed;
56	56	(2) conduct an evaluation on the benefits of the
57	57	mandate and the costs of the mandate on affected political
58	58	subdivisions; and
59	59	(3) include any information gathered under this
60	60	section in the report required under Section 325.010 [present a
61	61	written report to the legislature and the governor on the
62	62	interagency work group's findings].
63	63	(b) During a review of a state agency, a political
64	64	subdivision affected by a mandate related to the functions of the
65	65	agency may present information to the commission regarding the
66	66	mandate and costs associated with the mandate and may recommend
67	67	changes to current law that may provide more efficient use of
68	68	resources.
69	69	(c) A political subdivision may periodically review each
70	70	mandate to which the political subdivision is subject and recommend
71	71	changes for making an activity or measure more efficient, including
72	72	elimination of [the regular session immediately following the
73	73	issuance of a report under Subsection (a), the legislature by law
74	74	may continue the mandate for a period not to exceed three years, by
75	75	law may repeal the mandate, or may take no action on] the mandate,
76	76	to the governor, the lieutenant governor, the speaker of the house
77	77	of representatives, the Senate Finance Committee, the House
78	78	Appropriations Committee, and the Sunset Advisory Commission.
79	79	SECTION 6. Section 2001.024, Government Code, is amended by
80	80	adding Subsection (d) to read as follows:
81	81	(d) A fiscal note required under Subsection (a)(4) that is
82	82	included with a notice for a proposed rule that affects a political
83	83	subdivision may include a statement identifying any requirement or
84	84	restriction that the rule imposes on the political subdivision and
85	85	whether the requirement or restriction includes an additional
86	86	commitment of time or expense by the political subdivision.
87	87	SECTION 7. The following provisions are repealed:
88	88	(1) Section 320.003, Government Code;
89	89	(2) Section 2056.011, Government Code;
90	90	(3) Section 303.004, Labor Code; and
91	91	(4) Section 240.903, Local Government Code.
92	92	SECTION 8. This Act takes effect immediately if it receives
93	93	a vote of two-thirds of all the members elected to each house, as
94	94	provided by Section 39, Article III, Texas Constitution. If this
95	95	Act does not receive the vote necessary for immediate effect, this
96	96	Act takes effect September 1, 2011.