Texas 2015 - 84th Regular

Texas House Bill HB2164 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R23132 TJB-D
2	2	By: White of Tyler H.B. No. 2164
3	3	Substitute the following for H.B. No. 2164:
4	4	By: Elkins C.S.H.B. No. 2164
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the applicability of certain unfunded mandates on
10	10	political subdivisions.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 320.001, Government Code, is amended to
13	13	read as follows:
14	14	Sec. 320.001. DEFINITIONS [DEFINITION]. In this chapter:
15	15	(1) "Interagency work group" means the unfunded
16	16	mandates interagency work group.
17	17	(2) "Mandate" [, "mandate"] means a requirement made
18	18	by a statute enacted by the legislature on or after January 1, 2015
19	19	[1997], that requires a political subdivision to establish, expand,
20	20	or modify a duty or [an] activity in a way that requires the
21	21	expenditure of revenue by the political subdivision that would not
22	22	have been required in the absence of the statutory provision.
23	23	SECTION 2. Chapter 320, Government Code, is amended by
24	24	adding Sections 320.002, 320.003, and 320.004 to read as follows:
25	25	Sec. 320.002. UNFUNDED MANDATES INTERAGENCY WORK GROUP.
26	26	(a) The unfunded mandates interagency work group consists of:
27	27	(1) the state auditor;
28	28	(2) the director of the Legislative Budget Board;
29	29	(3) the comptroller;
30	30	(4) a senator appointed by the lieutenant governor;
31	31	(5) a member of the house of representatives appointed
32	32	by the speaker of the house of representatives; and
33	33	(6) four elected local government officials appointed
34	34	by the governor.
35	35	(b) The governor shall designate a member appointed by the
36	36	governor as the chair of the interagency work group.
37	37	(c) A member of the interagency work group is not entitled
38	38	to additional compensation for service on the work group.
39	39	(d) A member of the interagency work group may use any
40	40	person employed by the member's agency to complete the member's work
41	41	on the interagency work group.
42	42	(e) The members of the interagency work group may enter into
43	43	an interagency memorandum of understanding regarding the
44	44	completion of the work required by this chapter.
45	45	Sec. 320.003. ADVISORY LIST OF UNFUNDED MANDATES. (a) On
46	46	or before the September 1 following a regular session of the
47	47	legislature and on or before the 90th day after the last day of a
48	48	special session of the legislature, the interagency work group
49	49	shall publish an advisory list of unfunded mandates for which the
50	50	legislature has not provided reimbursement under Subsection (b) and
51	51	that were enacted by the legislature during that legislative
52	52	session. By that same date the interagency work group shall:
53	53	(1) remove from the advisory list of unfunded mandates
54	54	for a previous legislative session those mandates for which the
55	55	legislature has provided reimbursement under Subsection (b), those
56	56	that are no longer subject to reimbursement, and those that are no
57	57	longer in effect; and
58	58	(2) add to the advisory list a mandate from a previous
59	59	legislative session for which reimbursement was provided under
60	60	Subsection (b) in the previous session but for which reimbursement
61	61	was not provided in the most recent regular session or in any
62	62	subsequent special sessions.
63	63	(b) A mandate is considered to be a mandate for which the
64	64	legislature has provided reimbursement if the legislature:
65	65	(1) by statute enacted by a record vote of two-thirds
66	66	of the members elected to each house expressly provides that the
67	67	mandate is not subject to reimbursement under this section; or
68	68	(2) appropriates or otherwise provides for the payment
69	69	or reimbursement, from a source other than revenue of the political
70	70	subdivision, of the costs incurred in the calendar year by the
71	71	political subdivision in complying with the mandate.
72	72	(c) This section does not apply to a mandate:
73	73	(1) imposed by the legislature or a state agency to
74	74	comply with a requirement of the Texas Constitution, federal law,
75	75	or a court order or to maximize the receipt of federal funds by the
76	76	state in areas such as education, health and human services, and
77	77	criminal justice;
78	78	(2) approved by the voters of this state at a general
79	79	election; or
80	80	(3) affecting employee pensions and benefits.
81	81	Sec. 320.004. APPLICABILITY OF MANDATES. (a) A political
82	82	subdivision is only required to comply with a mandate for which the
83	83	legislature has provided reimbursement under Section 320.003(b).
84	84	(b) For purposes of determining compliance with a mandate, a
85	85	political subdivision may act in reliance on the advisory list of
86	86	unfunded mandates published under Section 320.003(a).
87	87	SECTION 3. This Act takes effect immediately if it receives
88	88	a vote of two-thirds of all the members elected to each house, as
89	89	provided by Section 39, Article III, Texas Constitution. If this
90	90	Act does not receive the vote necessary for immediate effect, this
91	91	Act takes effect September 1, 2015.