| 1 | 1 | | 82R16284 PAM-D |
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| 2 | 2 | | By: Solomons, Callegari, King of Taylor, H.J.R. No. 56 |
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| 3 | 3 | | Kolkhorst, et al. |
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| 4 | 4 | | Substitute the following for H.J.R. No. 56: |
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| 5 | 5 | | By: Cook C.S.H.J.R. No. 56 |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A JOINT RESOLUTION |
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| 9 | 9 | | proposing a constitutional amendment to restrict the power of the |
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| 10 | 10 | | legislature to mandate requirements on local governments. |
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| 11 | 11 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Article III, Texas Constitution, is amended by |
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| 13 | 13 | | adding Section 68 to read as follows: |
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| 14 | 14 | | Sec. 68. (a) In this section, "local government" means a |
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| 15 | 15 | | municipality, county, hospital district, or junior college |
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| 16 | 16 | | district or a special district created by the action of a |
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| 17 | 17 | | municipality or county. The term does not include a school |
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| 18 | 18 | | district. |
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| 19 | 19 | | (b) A law enacted by the legislature on or after January 1, |
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| 20 | 20 | | 2012, that requires a local government to establish, expand, or |
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| 21 | 21 | | modify a duty or activity that requires the expenditure of revenue |
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| 22 | 22 | | by the local government is not effective unless the legislature |
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| 23 | 23 | | appropriates or otherwise provides, from a source other than the |
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| 24 | 24 | | revenue of the local government, for the payment or reimbursement |
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| 25 | 25 | | of the costs incurred for the biennium by the local government in |
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| 26 | 26 | | complying with the requirement. |
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| 27 | 27 | | SECTION 2. This proposed constitutional amendment shall be |
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| 28 | 28 | | submitted to the voters at an election to be held November 8, 2011. |
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| 29 | 29 | | The ballot shall be printed to permit voting for or against the |
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| 30 | 30 | | proposition: "The constitutional amendment to restrict the power |
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| 31 | 31 | | of the legislature from mandating unfunded requirements on local |
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| 32 | 32 | | governments." |
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