82R4525 ACP-D
By: Watson S.J.R. No. 24
A JOINT RESOLUTION
proposing a constitutional amendment exempting political
subdivisions from unfunded legislative mandates and authorizing
the legislature to provide funding for legislative mandates on
political subdivisions.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article III, Texas Constitution, is amended by
adding Section 68 to read as follows:
Sec. 68. (a) In this section, "legislative mandate" means
a statutory provision enacted by the legislature that requires a
political subdivision to establish, expand, or modify an activity
in a way that requires an expenditure of revenue that would not have
been required in the absence of the provision.
(b) For purposes of this section, a legislative mandate is
considered to be unfunded during any period for which the
legislature has not appropriated money, if authorized by this
constitution to do so, or otherwise provided a source of funding
other than revenue of the political subdivision that is estimated
to be sufficient to meet the cost of financing the expenditure, as
determined by law. The legislature by general law or appropriation
may provide for reimbursement or other payment of the costs
incurred by political subdivisions in complying with an unfunded
legislative mandate.
(c) A political subdivision is exempt from a legislative
mandate during a period in which the mandate is unfunded. The
legislature by general law may authorize a commission or other
body, which may include members of the legislature, to identify
legislative mandates and determine whether a legislative mandate is
considered unfunded for a specific period.
(d) The legislature by general law may provide a method by
which an unfunded legislative mandate is suspended or expires.
(e) This section does not apply to:
(1) a legislative mandate enacted before January 1,
2011;
(2) a legislative mandate that is necessary to comply
with a requirement of the Texas Constitution, federal law, or a
court order; or
(3) a legislative mandate that creates a criminal
offense or changes the elements of a criminal offense.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 8, 2011.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment exempting political
subdivisions from unfunded legislative mandates."