Texas 2017 - 85th Regular

Texas Senate Bill SB806 Compare Versions

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

Old	New	Differences
1	1	85R1922 KLA-F
2	2	By: Creighton S.B. No. 806
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a report concerning, and actions by certain state
8	8	officers regarding, federal money provided to this state that is
9	9	subject to a coercive federal condition.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 322, Government Code, is amended by
12	12	adding Section 322.0083 to read as follows:
13	13	Sec. 322.0083. REPORT ON FEDERAL MONEY SUBJECT TO COERCIVE
14	14	FEDERAL CONDITION. (a) In this section, "coercive federal
15	15	condition" means a condition in a category described by Subsection
16	16	(c)(3) that is imposed by the federal government as a condition on
17	17	this state's receipt of federal money.
18	18	(b) The Legislative Budget Board shall prepare a report
19	19	concerning federal money provided, or to be provided, to this state
20	20	that is:
21	21	(1) included as a method of finance in the general
22	22	appropriations act for a state fiscal biennium that becomes law;
23	23	and
24	24	(2) subject to a coercive federal condition.
25	25	(c) The report under this section must include:
26	26	(1) a detailed description of each federal agency,
27	27	program, or other source from or through which this state has
28	28	received or will receive more than $5 million of federal money
29	29	described by Subsection (b) for use during the state fiscal
30	30	biennium covered by the general appropriations act in which the
31	31	money is included as a method of finance;
32	32	(2) with respect to each source identified in
33	33	Subdivision (1) and based on federal law and any administrative
34	34	guidance issued with respect to that federal law, a detailed
35	35	description of each condition that must be met for this state to
36	36	receive or continue to receive the federal money from that source;
37	37	and
38	38	(3) a classification of the conditions described as
39	39	required by Subdivision (2) according to the following categories:
40	40	(A) conditions that prescribe the manner in which
41	41	the federal money must be spent;
42	42	(B) conditions that prescribe the manner in which
43	43	any related state or local money must be spent, including any
44	44	maintenance of effort or similar requirement; and
45	45	(C) conditions that relate to policy or other
46	46	matters other than prescribing the manner in which federal, state,
47	47	or local money must be spent.
48	48	(d) The Legislative Budget Board shall provide the report
49	49	required by this section to the legislature, the governor, and the
50	50	attorney general not later than the 90th day after the last day of
51	51	the regular or special legislative session during which the
52	52	legislature enacts the general appropriations act on which the
53	53	report is based.
54	54	SECTION 2. Subchapter F, Chapter 401, Government Code, is
55	55	amended by adding Section 401.106 to read as follows:
56	56	Sec. 401.106. INTERSTATE COORDINATION REGARDING FEDERAL
57	57	MONEY SUBJECT TO COERCIVE FEDERAL CONDITION. (a) In this section,
58	58	"coercive federal condition" has the meaning assigned by Section
59	59	322.0083.
60	60	(b) It is the policy of this state that this state should
61	61	collaborate with other states to terminate states' participation in
62	62	any federal program under which states receive federal money
63	63	subject to a coercive federal condition and, if necessary,
64	64	substitute a state program that reflects the preferences of
65	65	residents of the affected state.
66	66	(c) The governor shall consult with the governors of other
67	67	states to develop a coordinated approach consistent with the policy
68	68	under Subsection (b) for addressing issues relating to federal
69	69	money subject to a coercive federal condition that is provided to
70	70	the states by the federal government.
71	71	SECTION 3. Subchapter B, Chapter 402, Government Code, is
72	72	amended by adding Section 402.0211 to read as follows:
73	73	Sec. 402.0211. REPRESENTATION OF STATE IN MATTERS INVOLVING
74	74	FEDERAL MONEY SUBJECT TO COERCIVE FEDERAL CONDITION. (a) In this
75	75	section, "coercive federal condition" has the meaning assigned by
76	76	Section 322.0083.
77	77	(b) It is the policy of this state that the provision to this
78	78	state by the federal government of federal money that is subject to
79	79	a coercive federal condition is:
80	80	(1) unconstitutional under the United States
81	81	Constitution;
82	82	(2) incompatible with the structure of the
83	83	relationship between the federal government and states as outlined
84	84	in the United States Constitution; and
85	85	(3) incompatible with the guarantee in the United
86	86	States Constitution of a democratic representative form of
87	87	government for the states.
88	88	(c) Consistent with the policy of this state provided by
89	89	Subsection (b), the attorney general may file an action in the name
90	90	of this state in a federal court to enjoin the enforcement of a
91	91	coercive federal condition applicable to federal money this state
92	92	receives.
93	93	SECTION 4. Notwithstanding Section 322.0083(d), Government
94	94	Code, as added by this Act, the Legislative Budget Board shall
95	95	provide the initial report required by that section to the
96	96	legislature, the governor, and the attorney general not later than:
97	97	(1) September 1, 2017, if the legislature enacts the
98	98	general appropriations act for the state fiscal biennium beginning
99	99	September 1, 2017, during the 85th Regular Session and the act
100	100	becomes law; or
101	101	(2) the 90th day after the last day of a special
102	102	legislative session of the 85th Legislature during which that
103	103	legislature enacts the general appropriations act for the state
104	104	fiscal biennium beginning September 1, 2017, if that act becomes
105	105	law.
106	106	SECTION 5. This Act takes effect immediately if it receives
107	107	a vote of two-thirds of all the members elected to each house, as
108	108	provided by Section 39, Article III, Texas Constitution. If this
109	109	Act does not receive the vote necessary for immediate effect, this
110	110	Act takes effect September 1, 2017.