| 1 | 1 | | 82R5253 PAM-F |
|---|
| 2 | 2 | | By: Coleman H.J.R. No. 89 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A JOINT RESOLUTION |
|---|
| 6 | 6 | | proposing a constitutional amendment allowing a state mandate |
|---|
| 7 | 7 | | imposed on a county to have effect only if the state provides for |
|---|
| 8 | 8 | | payment to the county of the cost of the mandate. |
|---|
| 9 | 9 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Article III, Texas Constitution, is amended by |
|---|
| 11 | 11 | | adding Section 68 to read as follows: |
|---|
| 12 | 12 | | Sec. 68. (a) A mandate adopted on or after January 1, 2012, |
|---|
| 13 | 13 | | by the legislature or by rule of a state agency that requires a |
|---|
| 14 | 14 | | county to establish, expand, or modify an activity in any way that |
|---|
| 15 | 15 | | requires the expenditure of revenue by the county that would not |
|---|
| 16 | 16 | | have been required in the absence of the statute or rule is |
|---|
| 17 | 17 | | effective only if the legislature appropriates or otherwise |
|---|
| 18 | 18 | | provides for payment or reimbursement to the county of the costs |
|---|
| 19 | 19 | | incurred by the county in complying with the requirement. |
|---|
| 20 | 20 | | (b) This section does not apply to a mandate: |
|---|
| 21 | 21 | | (1) imposed by the legislature or a state agency to |
|---|
| 22 | 22 | | comply with a requirement of this constitution, federal law, or a |
|---|
| 23 | 23 | | court order; |
|---|
| 24 | 24 | | (2) approved by the voters of this state at a general |
|---|
| 25 | 25 | | election; |
|---|
| 26 | 26 | | (3) imposed by a statute enacted by a record vote of |
|---|
| 27 | 27 | | two-thirds of the members elected to each house that expressly |
|---|
| 28 | 28 | | provides that the mandate is not subject to this section; or |
|---|
| 29 | 29 | | (4) estimated by the comptroller to have aggregated |
|---|
| 30 | 30 | | costs to be incurred by the counties of this state in complying with |
|---|
| 31 | 31 | | the mandate that are less than $1 million in a state fiscal year. |
|---|
| 32 | 32 | | SECTION 2. This proposed constitutional amendment shall be |
|---|
| 33 | 33 | | submitted to the voters at an election to be held November 8, 2011. |
|---|
| 34 | 34 | | The ballot shall be printed to permit voting for or against the |
|---|
| 35 | 35 | | proposition: "The constitutional amendment allowing a state |
|---|
| 36 | 36 | | mandate imposed on a county to have effect only if the state |
|---|
| 37 | 37 | | provides for payment to the county of the cost of the mandate." |
|---|