Texas 2013 - 83rd Regular

Texas House Bill HB1379 Compare Versions

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1	1	83R16619 CJC-F
2	2	By: Toth, Callegari, Kolkhorst, Creighton, H.B. No. 1379
3	3	et al.
4	4	Substitute the following for H.B. No. 1379:
5	5	By: Turner of Collin C.S.H.B. No. 1379
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to coercive conditions placed on the receipt by this state
11	11	of federal money.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle C, Title 10, Government Code, is
14	14	amended by adding Chapter 2116 to read as follows:
15	15	CHAPTER 2116. COERCIVE CONDITIONS ON RECEIPT OF FEDERAL MONEY
16	16	Sec. 2116.001. DEFINITIONS. In this chapter:
17	17	(1) "Coercive condition" in relation to federal
18	18	funding means a condition that is placed on the receipt by this
19	19	state or a political subdivision of this state of federal money to
20	20	be provided under a federal program that requires:
21	21	(A) the amendment, enactment, or adoption of a
22	22	state or local law, regulation, or order the subject of which is
23	23	unrelated to how the money is to be spent; or
24	24	(B) a particular use of state or local revenue.
25	25	(2) "Coercive federal funding program" means a program
26	26	that involves a transfer of federal money to this state or a
27	27	political subdivision of this state by the federal government the
28	28	receipt of which is subject to a coercive condition. The term does
29	29	not include a federal program that returns to this state a pro-rata
30	30	share of this state's residents' total tax contributions to the
31	31	program if this state refuses to comply with the conditions
32	32	attached to the program.
33	33	Sec. 2116.002. IDENTIFICATION OF COERCIVE FEDERAL FUNDING
34	34	PROGRAMS; REPORT. Not later than December 1 of each even-numbered
35	35	year, the attorney general and the Legislative Budget Board jointly
36	36	shall:
37	37	(1) identify each coercive federal funding program
38	38	from which this state received more than $100 million during a state
39	39	fiscal year in the preceding state fiscal biennium; and
40	40	(2) prepare and submit a report to the legislature
41	41	that lists the coercive federal funding programs described by
42	42	Subdivision (1) and the coercive conditions associated with each of
43	43	those programs.
44	44	Sec. 2116.003. SUIT TO ENJOIN ENFORCEMENT OF OR TO CONTEST
45	45	COERCIVE CONDITION. (a) The attorney general may, to the extent
46	46	authorized by law:
47	47	(1) bring an action to enjoin the enforcement of a
48	48	coercive condition and recover reasonable expenses incurred in
49	49	obtaining injunctive relief under this section; and
50	50	(2) sue for appropriate relief if the federal
51	51	government:
52	52	(A) rejects a request by this state for a waiver
53	53	of one or more provisions of a coercive federal funding program
54	54	identified under Section 2116.002; or
55	55	(B) attempts to condition the continued receipt
56	56	of federal money under an existing federal funding program on this
57	57	state's expansion of that funding program, if the legislature has
58	58	determined that it is in this state's best interest not to expand
59	59	the funding program.
60	60	(b) During the pendency of an action brought by the attorney
61	61	general as authorized under this section, a state agency or state
62	62	officer, as applicable, shall apply for and administer all programs
63	63	that result in the receipt of federal money by this state, including
64	64	a coercive federal funding program, in a manner that complies with
65	65	federal law.
66	66	Sec. 2116.004. MULTISTATE RESPONSE TO COERCIVE FEDERAL
67	67	FUNDING PROGRAMS. The governor shall consult with the governors of
68	68	other states to develop a coordinated approach to issues relating
69	69	to coercive federal funding programs.
70	70	SECTION 2. Section 751.001, Government Code, is amended to
71	71	read as follows:
72	72	Sec. 751.001. DEFINITIONS. In this chapter:
73	73	(1) "Board" means the Office of State-Federal
74	74	Relations Advisory Policy Board.
75	75	(2) "Coercive condition" has the meaning assigned by
76	76	Section 2116.001.
77	77	(3) "Coercive federal funding program" has the meaning
78	78	assigned by Section 2116.001.
79	79	(4) [(2)] "Director" means the director of the Office
80	80	of State-Federal Relations.
81	81	(5) [(3)] "Office" means the Office of State-Federal
82	82	Relations.
83	83	(6) [(4)] "State agency" means a state board,
84	84	commission, department, institution, or officer having statewide
85	85	jurisdiction, including a state college or university.
86	86	SECTION 3. Section 751.005(b), Government Code, is amended
87	87	to read as follows:
88	88	(b) The office shall:
89	89	(1) help coordinate state and federal programs dealing
90	90	with the same subject;
91	91	(2) inform the governor and the legislature of federal
92	92	programs that may be carried out in the state or that affect state
93	93	programs and identify which of those programs may be defined as a
94	94	coercive federal funding program;
95	95	(3) provide federal agencies and the United States
96	96	Congress with information about state policy and state conditions
97	97	on matters that concern the federal government;
98	98	(4) provide the legislature with information useful in
99	99	measuring the effect of federal actions on the state and local
100	100	programs;
101	101	(5) prepare and supply to the governor and all members
102	102	of the legislature an annual report that:
103	103	(A) describes the office's operations;
104	104	(B) contains the office's priorities and
105	105	strategies for the following year;
106	106	(C) details projects and legislation pursued by
107	107	the office;
108	108	(D) discusses issues in the following
109	109	congressional session of interest to this state; [and]
110	110	(E) contains an analysis of federal funds
111	111	availability and formulae;
112	112	(F) lists all conditions attached to federal
113	113	funding programs, in a format that clearly identifies each
114	114	condition that may be a coercive condition; and
115	115	(G) contains the office's strategy for ensuring
116	116	that this state receives an equitable share of federal money from
117	117	all federal funding programs while resisting compliance with
118	118	coercive conditions;
119	119	(6) notify the governor, the lieutenant governor, the
120	120	speaker of the house of representatives, and the legislative
121	121	standing committees in each house with primary jurisdiction over
122	122	intergovernmental affairs of federal activities relevant to the
123	123	state and inform the Texas congressional delegation of state
124	124	activities;
125	125	(7) conduct frequent conference calls with the
126	126	lieutenant governor and the speaker of the house of representatives
127	127	or their designees regarding state-federal relations and programs;
128	128	(8) respond to requests for information from the
129	129	legislature, the United States Congress, and federal agencies;
130	130	(9) coordinate with the Legislative Budget Board
131	131	regarding the effects of federal funding on the state budget and the
132	132	effect of coercive conditions on this state's ability to remain
133	133	responsive to the preferences of its residents; and
134	134	(10) report to, and on request send appropriate
135	135	representatives to appear before, the legislative standing
136	136	committees in each house with primary jurisdiction over
137	137	intergovernmental affairs.
138	138	SECTION 4. Section 751.022, Government Code, is amended to
139	139	read as follows:
140	140	Sec. 751.022. POWERS AND DUTIES. (a) The office has primary
141	141	responsibility for monitoring, coordinating, and reporting on the
142	142	state's efforts to:
143	143	(1) ensure receipt of an equitable share of federal
144	144	formula funds; and
145	145	(2) resist compliance with coercive conditions placed
146	146	on federal formula funds.
147	147	(b) The office shall:
148	148	(1) serve as this [the] state's clearinghouse for
149	149	information on federal formula funds and on the coercive
150	150	conditions, if any, placed on those funds;
151	151	(2) prepare reports on federal funds and earned
152	152	federal formula funds;
153	153	(3) analyze proposed and pending federal and state
154	154	legislation to determine whether the legislation would have a
155	155	significant negative effect on the state's ability to receive an
156	156	equitable share of federal formula funds and to resist compliance
157	157	with coercive conditions placed on federal formula funds;
158	158	(4) make recommendations for coordination, including
159	159	the coordinated resistance against compliance with coercive
160	160	conditions placed on federal formula funds, between:
161	161	(A) state agencies and local governmental
162	162	entities;
163	163	(B) [and between] state agencies; and
164	164	(C) state agencies and the agencies of other
165	165	states; and
166	166	(5) adopt rules under the rule-making procedures of
167	167	the administrative procedure law, Chapter 2001, Government Code, as
168	168	necessary to carry out the responsibilities assigned by this
169	169	subchapter.
170	170	(c) The office shall annually prepare a comprehensive
171	171	report to the legislature on the effectiveness of this [the]
172	172	state's efforts to ensure a receipt of an equitable share of federal
173	173	formula funds and to resist compliance with coercive conditions
174	174	placed on federal formula funds for the preceding federal fiscal
175	175	year. The report must include:
176	176	(1) an executive summary that provides an overview of
177	177	the major findings and recommendations included in the report;
178	178	(2) a comparative analysis of the state's receipt of
179	179	federal formula funds relative to other states, prepared using the
180	180	best available sources of data;
181	181	(3) an analysis of federal formula funding trends that
182	182	may have a significant effect on resources available to the state;
183	183	[and]
184	184	(4) an analysis of the effect that the conditions
185	185	imposed by the 10 coercive federal funding programs that have the
186	186	greatest effect on the state budget have on the ability of this
187	187	state and political subdivisions of this state to implement
188	188	policies and programs to deliver necessary and beneficial services
189	189	to residents of this state; and
190	190	(5) recommendations, developed in consultation with
191	191	the Legislative Budget Board, the Governor's Office of Budget,
192	192	[and] Planning, and Policy, and the comptroller, for any state
193	193	legislative or administrative action necessary to increase this
194	194	[the] state's receipt of federal formula funds and to resist
195	195	compliance with coercive conditions placed on federal formula
196	196	funds.
197	197	SECTION 5. This Act takes effect immediately if it receives
198	198	a vote of two-thirds of all the members elected to each house, as
199	199	provided by Section 39, Article III, Texas Constitution. If this
200	200	Act does not receive the vote necessary for immediate effect, this
201	201	Act takes effect September 1, 2013.