Texas Senate Bill SJR24

Texas 2011 - 82nd Regular

Caption

Proposing a constitutional amendment exempting political subdivisions from unfunded legislative mandates and authorizing the legislature to provide funding for legislative mandates on political subdivisions.

Impact

The proposed amendment seeks to modify Article III of the Texas Constitution by allowing local governments to avoid mandates when state funding is not provided. Should SJR24 be enacted, it would allow the legislature to reimburse political subdivisions for costs associated with complying with unfunded mandates. Additionally, the bill outlines provisions for suspending or expiring mandates deemed unfunded, thus providing local governance with more autonomy in managing financial commitments imposed by state law.

Summary

SJR24 proposes a constitutional amendment aimed at exempting political subdivisions, such as local governments, from unfunded legislative mandates. The bill introduces a definition of 'legislative mandate' as any statutory provision requiring a political subdivision to undertake activities that incur costs not previously mandated by law. This amendment intends to protect local governments from the financial burden of state-imposed requirements when adequate funding has not been appropriated.

Sentiment

The sentiment surrounding SJR24 appears to be supportive among local government advocates and fiscal conservatives who argue for the necessity of ensuring that local entities are not financially strained by unfunded state requirements. However, concerns have been raised regarding the potential for reduced accountability in state mandates, as some legislators fear that the amendments may lead to local governments ignoring critical state directives if funding is insufficient.

Contention

Notable points of contention regarding SJR24 include the specifics of unfunded mandates and their potential impacts on local governance. Critics argue that exempting localities from legislative mandates could undermine public safety and compliance with essential regulations, particularly in areas requiring emergency responses or health directives. There is also concern about the unfunded mandates' definition, with some questioning what constitutes adequate funding and who will determine the lacking appropriations.