| 1 | 1 | | 85R9279 TJB-D |
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| 2 | 2 | | By: White H.B. No. 2789 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the creation of a study group to study state unfunded |
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| 8 | 8 | | mandates that affect counties. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. STATE UNFUNDED MANDATE STUDY GROUP. (a) In this |
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| 11 | 11 | | Act, "study group" means the state unfunded mandate study group |
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| 12 | 12 | | created under this Act. |
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| 13 | 13 | | (b) The state unfunded mandate study group is created and |
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| 14 | 14 | | consists of nine members appointed as follows: |
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| 15 | 15 | | (1) three members appointed by the governor; |
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| 16 | 16 | | (2) three members appointed by the lieutenant |
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| 17 | 17 | | governor; and |
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| 18 | 18 | | (3) three members appointed by the speaker of the |
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| 19 | 19 | | house of representatives. |
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| 20 | 20 | | (c) In making the appointments under Subsection (b), the |
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| 21 | 21 | | governor, lieutenant governor, and speaker of the house of |
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| 22 | 22 | | representatives must each select three appointees as follows: |
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| 23 | 23 | | (1) one member who resides in a rural county; |
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| 24 | 24 | | (2) one member who resides in an urban county; and |
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| 25 | 25 | | (3) one member who resides in a suburban county. |
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| 26 | 26 | | (d) The governor, lieutenant governor, and speaker of the |
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| 27 | 27 | | house of representatives shall appoint the members of the study |
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| 28 | 28 | | group not later than October 1, 2017. |
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| 29 | 29 | | (e) The speaker of the house of representatives shall select |
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| 30 | 30 | | one of the members appointed by the speaker to be the initial |
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| 31 | 31 | | presiding officer of the study group. |
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| 32 | 32 | | (f) At the first meeting of the study group, the members of |
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| 33 | 33 | | the study group shall select one member of the study group as the |
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| 34 | 34 | | presiding officer of the study group. |
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| 35 | 35 | | (g) The study group shall meet at the call of the presiding |
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| 36 | 36 | | officer. |
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| 37 | 37 | | (h) A member of the study group serves without compensation |
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| 38 | 38 | | but is entitled to reimbursement for actual and necessary expenses |
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| 39 | 39 | | incurred in performing study group duties. |
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| 40 | 40 | | (i) The study group shall conduct a study of the mandates |
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| 41 | 41 | | imposed by state statutes or by rules adopted by state agencies that |
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| 42 | 42 | | require counties to establish, expand, or modify activities in a |
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| 43 | 43 | | way that requires the expenditure of revenue by the counties that |
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| 44 | 44 | | would not have been required in the absence of the mandates and for |
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| 45 | 45 | | which the state provides insufficient or no money. In conducting |
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| 46 | 46 | | the study, the study group must: |
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| 47 | 47 | | (1) define "state unfunded mandate"; |
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| 48 | 48 | | (2) identify each state unfunded mandate; |
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| 49 | 49 | | (3) determine the financial cost to counties of state |
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| 50 | 50 | | unfunded mandates; |
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| 51 | 51 | | (4) determine which state unfunded mandates should be |
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| 52 | 52 | | repealed or limited; and |
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| 53 | 53 | | (5) determine how to prevent the creation of new state |
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| 54 | 54 | | unfunded mandates that apply to counties. |
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| 55 | 55 | | (j) On request by the study group, a state agency shall |
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| 56 | 56 | | provide assistance to the study group, including necessary support |
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| 57 | 57 | | staff and facilities to hold meetings. |
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| 58 | 58 | | (k) Not later than August 31, 2018, the study group shall |
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| 59 | 59 | | submit a written report to the governor, the lieutenant governor, |
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| 60 | 60 | | the speaker of the house of representatives, and each member of the |
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| 61 | 61 | | legislature with its findings and recommendations. |
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| 62 | 62 | | (l) The study group is abolished and this Act expires |
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| 63 | 63 | | September 1, 2019. |
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| 64 | 64 | | SECTION 2. This Act takes effect immediately if it receives |
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| 65 | 65 | | a vote of two-thirds of all the members elected to each house, as |
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| 66 | 66 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 67 | 67 | | Act does not receive the vote necessary for immediate effect, this |
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| 68 | 68 | | Act takes effect September 1, 2017. |
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