83R16619 CJC-F
By: Toth, Callegari, Kolkhorst, Creighton, H.B. No. 1379
et al.
Substitute the following for H.B. No. 1379:
By: Turner of Collin C.S.H.B. No. 1379
A BILL TO BE ENTITLED
AN ACT
relating to coercive conditions placed on the receipt by this state
of federal money.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 10, Government Code, is
amended by adding Chapter 2116 to read as follows:
CHAPTER 2116. COERCIVE CONDITIONS ON RECEIPT OF FEDERAL MONEY
Sec. 2116.001. DEFINITIONS. In this chapter:
(1) "Coercive condition" in relation to federal
funding means a condition that is placed on the receipt by this
state or a political subdivision of this state of federal money to
be provided under a federal program that requires:
(A) the amendment, enactment, or adoption of a
state or local law, regulation, or order the subject of which is
unrelated to how the money is to be spent; or
(B) a particular use of state or local revenue.
(2) "Coercive federal funding program" means a program
that involves a transfer of federal money to this state or a
political subdivision of this state by the federal government the
receipt of which is subject to a coercive condition. The term does
not include a federal program that returns to this state a pro-rata
share of this state's residents' total tax contributions to the
program if this state refuses to comply with the conditions
attached to the program.
Sec. 2116.002. IDENTIFICATION OF COERCIVE FEDERAL FUNDING
PROGRAMS; REPORT. Not later than December 1 of each even-numbered
year, the attorney general and the Legislative Budget Board jointly
shall:
(1) identify each coercive federal funding program
from which this state received more than $100 million during a state
fiscal year in the preceding state fiscal biennium; and
(2) prepare and submit a report to the legislature
that lists the coercive federal funding programs described by
Subdivision (1) and the coercive conditions associated with each of
those programs.
Sec. 2116.003. SUIT TO ENJOIN ENFORCEMENT OF OR TO CONTEST
COERCIVE CONDITION. (a) The attorney general may, to the extent
authorized by law:
(1) bring an action to enjoin the enforcement of a
coercive condition and recover reasonable expenses incurred in
obtaining injunctive relief under this section; and
(2) sue for appropriate relief if the federal
government:
(A) rejects a request by this state for a waiver
of one or more provisions of a coercive federal funding program
identified under Section 2116.002; or
(B) attempts to condition the continued receipt
of federal money under an existing federal funding program on this
state's expansion of that funding program, if the legislature has
determined that it is in this state's best interest not to expand
the funding program.
(b) During the pendency of an action brought by the attorney
general as authorized under this section, a state agency or state
officer, as applicable, shall apply for and administer all programs
that result in the receipt of federal money by this state, including
a coercive federal funding program, in a manner that complies with
federal law.
Sec. 2116.004. MULTISTATE RESPONSE TO COERCIVE FEDERAL
FUNDING PROGRAMS. The governor shall consult with the governors of
other states to develop a coordinated approach to issues relating
to coercive federal funding programs.
SECTION 2. Section 751.001, Government Code, is amended to
read as follows:
Sec. 751.001. DEFINITIONS. In this chapter:
(1) "Board" means the Office of State-Federal
Relations Advisory Policy Board.
(2) "Coercive condition" has the meaning assigned by
Section 2116.001.
(3) "Coercive federal funding program" has the meaning
assigned by Section 2116.001.
(4) [(2)] "Director" means the director of the Office
of State-Federal Relations.
(5) [(3)] "Office" means the Office of State-Federal
Relations.
(6) [(4)] "State agency" means a state board,
commission, department, institution, or officer having statewide
jurisdiction, including a state college or university.
SECTION 3. Section 751.005(b), Government Code, is amended
to read as follows:
(b) The office shall:
(1) help coordinate state and federal programs dealing
with the same subject;
(2) inform the governor and the legislature of federal
programs that may be carried out in the state or that affect state
programs and identify which of those programs may be defined as a
coercive federal funding program;
(3) provide federal agencies and the United States
Congress with information about state policy and state conditions
on matters that concern the federal government;
(4) provide the legislature with information useful in
measuring the effect of federal actions on the state and local
programs;
(5) prepare and supply to the governor and all members
of the legislature an annual report that:
(A) describes the office's operations;
(B) contains the office's priorities and
strategies for the following year;
(C) details projects and legislation pursued by
the office;
(D) discusses issues in the following
congressional session of interest to this state; [and]
(E) contains an analysis of federal funds
availability and formulae;
(F) lists all conditions attached to federal
funding programs, in a format that clearly identifies each
condition that may be a coercive condition; and
(G) contains the office's strategy for ensuring
that this state receives an equitable share of federal money from
all federal funding programs while resisting compliance with
coercive conditions;
(6) notify the governor, the lieutenant governor, the
speaker of the house of representatives, and the legislative
standing committees in each house with primary jurisdiction over
intergovernmental affairs of federal activities relevant to the
state and inform the Texas congressional delegation of state
activities;
(7) conduct frequent conference calls with the
lieutenant governor and the speaker of the house of representatives
or their designees regarding state-federal relations and programs;
(8) respond to requests for information from the
legislature, the United States Congress, and federal agencies;
(9) coordinate with the Legislative Budget Board
regarding the effects of federal funding on the state budget and the
effect of coercive conditions on this state's ability to remain
responsive to the preferences of its residents; and
(10) report to, and on request send appropriate
representatives to appear before, the legislative standing
committees in each house with primary jurisdiction over
intergovernmental affairs.
SECTION 4. Section 751.022, Government Code, is amended to
read as follows:
Sec. 751.022. POWERS AND DUTIES. (a) The office has primary
responsibility for monitoring, coordinating, and reporting on the
state's efforts to:
(1) ensure receipt of an equitable share of federal
formula funds; and
(2) resist compliance with coercive conditions placed
on federal formula funds.
(b) The office shall:
(1) serve as this [the] state's clearinghouse for
information on federal formula funds and on the coercive
conditions, if any, placed on those funds;
(2) prepare reports on federal funds and earned
federal formula funds;
(3) analyze proposed and pending federal and state
legislation to determine whether the legislation would have a
significant negative effect on the state's ability to receive an
equitable share of federal formula funds and to resist compliance
with coercive conditions placed on federal formula funds;
(4) make recommendations for coordination, including
the coordinated resistance against compliance with coercive
conditions placed on federal formula funds, between:
(A) state agencies and local governmental
entities;
(B) [and between] state agencies; and
(C) state agencies and the agencies of other
states; and
(5) adopt rules under the rule-making procedures of
the administrative procedure law, Chapter 2001, Government Code, as
necessary to carry out the responsibilities assigned by this
subchapter.
(c) The office shall annually prepare a comprehensive
report to the legislature on the effectiveness of this [the]
state's efforts to ensure a receipt of an equitable share of federal
formula funds and to resist compliance with coercive conditions
placed on federal formula funds for the preceding federal fiscal
year. The report must include:
(1) an executive summary that provides an overview of
the major findings and recommendations included in the report;
(2) a comparative analysis of the state's receipt of
federal formula funds relative to other states, prepared using the
best available sources of data;
(3) an analysis of federal formula funding trends that
may have a significant effect on resources available to the state;
[and]
(4) an analysis of the effect that the conditions
imposed by the 10 coercive federal funding programs that have the
greatest effect on the state budget have on the ability of this
state and political subdivisions of this state to implement
policies and programs to deliver necessary and beneficial services
to residents of this state; and
(5) recommendations, developed in consultation with
the Legislative Budget Board, the Governor's Office of Budget,
[and] Planning, and Policy, and the comptroller, for any state
legislative or administrative action necessary to increase this
[the] state's receipt of federal formula funds and to resist
compliance with coercive conditions placed on federal formula
funds.
SECTION 5. 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, 2013.