Texas House Bill HJR56

Texas 2011 - 82nd Regular

• Out of House Committee: 3/29/11
• Introduced: 1/10/11
• Refer: 2/21/11
• Report Pass: 3/24/11

Caption

Proposing a constitutional amendment to restrict the power of the legislature to mandate requirements on local governments.

Impact

If enacted, this proposal would significantly alter how legislative mandates are applied, requiring any new laws that impose financial obligations on local governments to include funding measures. This would fundamentally affect budget planning and expenditure for local jurisdictions, as they would no longer be faced with unfunded mandates that lead to increased taxes or reallocation of existing resources. By placing these requirements on state funding, local governments may gain more autonomy in managing their finances and priorities without the pressure of adapting to state-imposed financial obligations.

Summary

HJR56 proposes a constitutional amendment aimed at changing the relationship between the Texas Legislature and local governments by restricting the state's ability to mandate requirements that incur additional costs on these governments. The amendment delineates the definitions of local governments, which include municipalities, counties, hospital districts, and certain special districts, while explicitly excluding school districts. The core intent is to alleviate the financial burden on local entities by ensuring that any legislative requirement that necessitates spending must be accompanied by a provision for funding from state sources.

Contention

Notably, the amendment may create contention between state lawmakers and local officials. Supporters argue that it will protect local governments from being forced into spending that they do not have the resources to cover, thus fostering a more sustainable local governance model. On the other hand, some legislators may contend that the amendment could limit the state’s ability to implement necessary statewide policies that require local compliance, potentially undermining efforts to address issues that transcend local jurisdictions. This tension reflects a broader discussion on the balance of power between state and local governance in Texas.