83R7972 PAM-F
By: Coleman H.J.R. No. 96
A JOINT RESOLUTION
proposing a constitutional amendment allowing a state mandate
imposed on a county to have effect only if the state provides for
payment to the county of the cost of the mandate.
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) A mandate adopted on or after January 1, 2014,
by the legislature or by rule of a state agency that requires a
county to establish, expand, or modify an activity in any way that
requires the expenditure of revenue by the county that would not
have been required in the absence of the statute or rule is
effective only if the legislature appropriates or otherwise
provides for payment or reimbursement to the county of the costs
incurred by the county in complying with the requirement.
(b) This section does not apply to a mandate:
(1) imposed by the legislature or a state agency to
comply with a requirement of this constitution, federal law, or a
court order;
(2) approved by the voters of this state at a general
election;
(3) imposed by a statute enacted by a record vote of
two-thirds of the members elected to each house that expressly
provides that the mandate is not subject to this section; or
(4) estimated by the comptroller to have aggregated
costs to be incurred by the counties of this state in complying with
the mandate that are less than $1 million in a state fiscal year.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 5, 2013.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment allowing a state
mandate imposed on a county to have effect only if the state
provides for payment to the county of the cost of the mandate."