Texas 2015 - 84th Regular

Texas Senate Bill SB883 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R2586 TJB-D
2	2	By: Eltife S.B. No. 883
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the applicability of certain unfunded mandates on
8	8	political subdivisions.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 320.001, Government Code, is amended to
11	11	read as follows:
12	12	Sec. 320.001. DEFINITIONS [DEFINITION]. In this chapter:
13	13	(1) "Interagency work group" means the unfunded
14	14	mandates interagency work group.
15	15	(2) "Mandate" [, "mandate"] means a requirement made
16	16	by a statute enacted by the legislature on or after January 1, 2015
17	17	[1997], that requires a political subdivision to establish, expand,
18	18	or modify a duty or [an] activity in a way that requires the
19	19	expenditure of revenue by the political subdivision that would not
20	20	have been required in the absence of the statutory provision.
21	21	SECTION 2. Chapter 320, Government Code, is amended by
22	22	adding Sections 320.002, 320.003, and 320.004 to read as follows:
23	23	Sec. 320.002. UNFUNDED MANDATES INTERAGENCY WORK GROUP.
24	24	(a) The unfunded mandates interagency work group consists of:
25	25	(1) the state auditor;
26	26	(2) the director of the Legislative Budget Board;
27	27	(3) the comptroller;
28	28	(4) a senator appointed by the lieutenant governor;
29	29	and
30	30	(5) a member of the house of representatives appointed
31	31	by the speaker of the house of representatives.
32	32	(b) A member of the interagency work group is not entitled
33	33	to additional compensation for service on the work group.
34	34	(c) A member of the interagency work group may use any
35	35	person employed by the member's agency to complete the member's work
36	36	on the interagency work group.
37	37	(d) The members of the interagency work group may enter into
38	38	an interagency memorandum of understanding regarding the
39	39	completion of the work required by this chapter.
40	40	Sec. 320.003. ADVISORY LIST OF UNFUNDED MANDATES. (a) On
41	41	or before the September 1 following a regular session of the
42	42	legislature and on or before the 90th day after the last day of a
43	43	special session of the legislature, the interagency work group
44	44	shall publish an advisory list of mandates for which the
45	45	legislature has not provided reimbursement under Subsection (b) and
46	46	that were enacted by the legislature during that legislative
47	47	session. By that same date the interagency work group shall:
48	48	(1) remove from the advisory list of mandates for a
49	49	previous legislative session those mandates for which the
50	50	legislature has provided reimbursement under Subsection (b), those
51	51	that are no longer subject to reimbursement, and those that are no
52	52	longer in effect; and
53	53	(2) add to the advisory list a mandate from a previous
54	54	legislative session for which reimbursement was provided under
55	55	Subsection (b) in the previous session but for which reimbursement
56	56	was not provided in the most recent regular session or in any
57	57	subsequent special sessions.
58	58	(b) A mandate is considered to be a mandate for which the
59	59	legislature has provided reimbursement if the legislature:
60	60	(1) by statute enacted by a record vote of two-thirds
61	61	of the members elected to each house expressly provides that the
62	62	mandate is not subject to reimbursement under this section; or
63	63	(2) appropriates or otherwise provides for the payment
64	64	or reimbursement, from a source other than revenue of the political
65	65	subdivision, of the costs incurred in the calendar year by the
66	66	political subdivision in complying with the mandate.
67	67	(c) This section does not apply to a mandate:
68	68	(1) imposed by the legislature or a state agency to
69	69	comply with a requirement of the Texas Constitution, federal law,
70	70	or a court order or to maximize the receipt of federal funds by the
71	71	state in areas such as education, health and human services, and
72	72	criminal justice;
73	73	(2) approved by the voters of this state at a general
74	74	election; or
75	75	(3) affecting employee pensions and benefits.
76	76	Sec. 320.004. APPLICABILITY OF MANDATES. (a) A political
77	77	subdivision is only required to comply with a mandate for which the
78	78	legislature has provided reimbursement under Section 320.003(b).
79	79	(b) For purposes of determining compliance with a mandate, a
80	80	political subdivision may act in reliance on the advisory list of
81	81	unfunded mandates published under Section 320.003(a).
82	82	SECTION 3. This Act takes effect immediately if it receives
83	83	a vote of two-thirds of all the members elected to each house, as
84	84	provided by Section 39, Article III, Texas Constitution. If this
85	85	Act does not receive the vote necessary for immediate effect, this
86	86	Act takes effect September 1, 2015.