82R12998 T
By: Williams S.B. No. 1252
A BILL TO BE ENTITLED
AN ACT
relating to evaluating and providing for efficient government
resource allocation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 107.002, Civil Practice and Remedies
Code, is amended by adding Subsection (c) to read as follows:
(c) A resolution granting permission to sue must be
accompanied by a fiscal note under Chapter 314, Government Code.
SECTION 2. Section 314.001, Government Code, is amended to
read as follows:
Sec. 314.001. SYSTEM OF FISCAL NOTES. The Legislative
Budget Board shall establish a system of fiscal notes identifying
the probable costs of each bill or resolution, including a joint
resolution or concurrent resolution, that authorizes or requires
the expenditure or diversion of state funds for a purpose other than
one provided for in the general appropriations bill.
SECTION 3. Section 315.004(a), Government Code, is amended
to read as follows:
(a) At the request of the lieutenant governor or speaker of
the house of representatives, a state agency shall prepare an
economic impact statement for any pending bill, concurrent
resolution, or joint resolution that directly affects that agency.
Preparation of the statement shall be coordinated through the
Legislative Budget Board director.
SECTION 4. Section 320.001, Government Code, is amended to
read as follows:
Sec. 320.001. DEFINITION. In this chapter, "mandate" means
a requirement or a restriction made by a statute enacted by the
legislature or a rule enacted by a state agency [on or after January
1, 1997,] that requires a political subdivision to establish,
expand, or modify an activity in a way that requires the expenditure
of revenue by the political subdivision that would not have been
required in the absence of the [statutory] provision. "Mandate" may
include a required report but does not include a provision of
additional flexibility in allocating resources.
SECTION 5. Section 320.004, Government Code, is amended to
read as follows:
Sec. 320.004. REVIEW OF UNFUNDED MANDATES. (a) The Sunset
Advisory Commission may, in reviewing a state agency that affects
political subdivisions [Before September 1 of the even-numbered
year before the third anniversary of the date of enactment of a
mandate identified by the interagency work group under Section
320.003, the interagency work group shall]:
(1) review the legislative history of any [the]
mandate;
(2) conduct an evaluation on the benefits of the
mandate and the costs of the mandate on affected political
subdivisions; and
(3) include the information in the commission's report
under Sec. 325.010 [present a written report to the legislature and
the governor on the interagency work group's findings].
(b) During the review of a state agency, an affected
political subdivision may present information to the commission
regarding mandates and costs and may recommend statutory or rule
changes to provide for more efficient use of resources.
(c) A political subdivision may periodically review
mandates and may address efficiency measures and operations,
including recommendations for elimination of mandates. [During the
regular session immediately following the issuance of a report
under Subsection (a), the legislature by law may continue the
mandate for a period not to exceed three years, by law may repeal
the mandate, or may take no action on the mandate.]
SECTION 6. Section 2001.024, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) A fiscal note under Subsection (a) that affects a
political subdivision may include a statement that evaluates
whether the proposed rule creates an additional requirement or
restriction on the political subdivision and, if so, whether any
additional time or expenditures will be required.
SECTION 7. The following provisions are repealed:
(1) Section 320.003, Government Code;
(2) Section 2056.011, Government Code;
(3) Section 303.004, Labor Code;
(4) Section 240.903, Local Government Code; and
(5) Section 1951.212, Occupations Code.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.