82R1427 ACP-D
By: Watson S.B. No. 705
A BILL TO BE ENTITLED
AN ACT
relating to unfunded legislative mandates on local governments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 320, Government Code, is amended to read
as follows:
CHAPTER 320. UNFUNDED LEGISLATIVE MANDATES ON POLITICAL
SUBDIVISIONS
Sec. 320.001. DEFINITION. In this chapter, "legislative
mandate" has the meaning assigned by Section 68, Article III, Texas
Constitution, but does not include a legislative mandate to which
that section does not apply [means a requirement made by a statute
enacted by the legislature 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].
Sec. 320.002. UNFUNDED LEGISLATIVE MANDATES INTERAGENCY
WORK GROUP. (a) The unfunded legislative mandates interagency
work group consists of:
(1) the state auditor;
(2) the director of the Legislative Budget Board;
(3) the comptroller;
(4) a senator appointed by the lieutenant governor;
(5) a house member appointed by the speaker of the
house of representatives;
(6) one current or former officer or employee of a
political subdivision appointed by the lieutenant governor; and
(7) one current or former officer or employee of a
political subdivision appointed by the speaker of the house of
representatives.
(b) An appointed member of the interagency work group serves
at the pleasure of the appointing authority.
(c) A member of the interagency work group is not entitled
to additional compensation for service on the work group.
(d) A member of the interagency work group may use a person
employed by the member or by the member's agency or political
subdivision to assist the interagency work group in performing its
duties.
(e) The members of the interagency work group may enter into
a memorandum of understanding regarding the members' work under
this chapter.
Sec. 320.003. LIST OF UNFUNDED LEGISLATIVE MANDATES. (a)
On or before the September 1 following a regular session of the
legislature and on or before the 90th day after the last day of a
special session of the legislature, the interagency work group
shall publish a list of legislative mandates for which the
legislature has not provided reimbursement under Subsection (b) and
that were enacted by the legislature during that legislative
session. By that same date the interagency work group shall:
(1) remove from the list of legislative mandates for a
previous legislative session those legislative mandates for which
the legislature has provided reimbursement under Subsection (b),
those that are no longer subject to reimbursement, and those that
are no longer in effect; and
(2) add to the list a legislative mandate from a
previous legislative session for which reimbursement was provided
under Subsection (b) in the previous session but for which
reimbursement was not provided in the most recent regular session
or in any subsequent special sessions.
(a-1) Notwithstanding Subsection (a), the interagency work
group shall publish the list of legislative mandates for which the
legislature has not provided reimbursement under Subsection (b) and
that were enacted by the legislature during the regular session of
the 82nd Legislature not later than November 1, 2011. This
subsection expires September 2, 2015.
(b) A legislative mandate is considered to be a legislative
mandate for which the legislature has provided reimbursement if the
legislature[:
[(1) by statute enacted by a record vote of two-thirds
of the members elected to each house expressly provides that the
mandate is not subject to reimbursement under this section; or
[(2)] appropriates or otherwise provides for the
payment or reimbursement, from a source other than revenue of the
political subdivision, of the costs incurred in the calendar year
by the political subdivision in complying with the legislative
mandate.
(c) This section does not apply to a legislative mandate[:
[(1)] not included in the appropriate list of
legislative mandates published by the interagency work group under
this section[;
[(2) imposed by the legislature or a state agency to
comply with a requirement of the Texas Constitution, federal law,
or a court order or to maximize the receipt of federal funds by the
state in areas such as education, health and human services, and
criminal justice;
[(3) approved by the voters of this state at a general
election; or
[(4) affecting employee pensions and benefits].
Sec. 320.004. REVIEW OF UNFUNDED LEGISLATIVE MANDATES;
EXPIRATION OF LEGISLATIVE MANDATES. (a) Before September 1 of the
even-numbered year before the third anniversary of the date of
enactment of a legislative mandate identified by the interagency
work group under Section 320.003, the interagency work group shall:
(1) review the legislative history of the legislative
mandate;
(2) conduct an evaluation on the benefits of the
legislative mandate and the costs of the legislative mandate on
affected political subdivisions; and
(3) present a written report to the legislature and
the governor on the interagency work group's findings.
(b) During the regular session immediately following the
issuance of a report under Subsection (a), the legislature by law
may continue the legislative mandate for a period not to exceed
three years, by law may repeal the legislative mandate, or may take
no action on the legislative mandate. The legislature may continue
a legislative mandate either by general law or by identifying the
legislative mandate in the General Appropriations Act and providing
a mechanism to provide money to political subdivisions that may be
used to comply with the legislative mandates. If the legislature
does not continue or repeal the legislative mandate, the
legislative mandate expires on September 1 following the regular
session. On and after that date, a political subdivision may but is
not required to comply with the legislative mandate.
Sec. 320.005. APPLICABILITY. This chapter does not apply
to a legislative mandate to which Section 68, Article III, Texas
Constitution, does not apply.
SECTION 2. This Act takes effect January 1, 2012, but only
if the constitutional amendment proposed by the 82nd Legislature,
Regular Session, 2011, exempting political subdivisions from
unfunded legislative mandates is approved by the voters. If that
amendment is not approved by the voters, this Act has no effect.