85R1922 KLA-F
By: Creighton S.B. No. 806
A BILL TO BE ENTITLED
AN ACT
relating to a report concerning, and actions by certain state
officers regarding, federal money provided to this state that is
subject to a coercive federal condition.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 322, Government Code, is amended by
adding Section 322.0083 to read as follows:
Sec. 322.0083. REPORT ON FEDERAL MONEY SUBJECT TO COERCIVE
FEDERAL CONDITION. (a) In this section, "coercive federal
condition" means a condition in a category described by Subsection
(c)(3) that is imposed by the federal government as a condition on
this state's receipt of federal money.
(b) The Legislative Budget Board shall prepare a report
concerning federal money provided, or to be provided, to this state
that is:
(1) included as a method of finance in the general
appropriations act for a state fiscal biennium that becomes law;
and
(2) subject to a coercive federal condition.
(c) The report under this section must include:
(1) a detailed description of each federal agency,
program, or other source from or through which this state has
received or will receive more than $5 million of federal money
described by Subsection (b) for use during the state fiscal
biennium covered by the general appropriations act in which the
money is included as a method of finance;
(2) with respect to each source identified in
Subdivision (1) and based on federal law and any administrative
guidance issued with respect to that federal law, a detailed
description of each condition that must be met for this state to
receive or continue to receive the federal money from that source;
and
(3) a classification of the conditions described as
required by Subdivision (2) according to the following categories:
(A) conditions that prescribe the manner in which
the federal money must be spent;
(B) conditions that prescribe the manner in which
any related state or local money must be spent, including any
maintenance of effort or similar requirement; and
(C) conditions that relate to policy or other
matters other than prescribing the manner in which federal, state,
or local money must be spent.
(d) The Legislative Budget Board shall provide the report
required by this section to the legislature, the governor, and the
attorney general not later than the 90th day after the last day of
the regular or special legislative session during which the
legislature enacts the general appropriations act on which the
report is based.
SECTION 2. Subchapter F, Chapter 401, Government Code, is
amended by adding Section 401.106 to read as follows:
Sec. 401.106. INTERSTATE COORDINATION REGARDING FEDERAL
MONEY SUBJECT TO COERCIVE FEDERAL CONDITION. (a) In this section,
"coercive federal condition" has the meaning assigned by Section
322.0083.
(b) It is the policy of this state that this state should
collaborate with other states to terminate states' participation in
any federal program under which states receive federal money
subject to a coercive federal condition and, if necessary,
substitute a state program that reflects the preferences of
residents of the affected state.
(c) The governor shall consult with the governors of other
states to develop a coordinated approach consistent with the policy
under Subsection (b) for addressing issues relating to federal
money subject to a coercive federal condition that is provided to
the states by the federal government.
SECTION 3. Subchapter B, Chapter 402, Government Code, is
amended by adding Section 402.0211 to read as follows:
Sec. 402.0211. REPRESENTATION OF STATE IN MATTERS INVOLVING
FEDERAL MONEY SUBJECT TO COERCIVE FEDERAL CONDITION. (a) In this
section, "coercive federal condition" has the meaning assigned by
Section 322.0083.
(b) It is the policy of this state that the provision to this
state by the federal government of federal money that is subject to
a coercive federal condition is:
(1) unconstitutional under the United States
Constitution;
(2) incompatible with the structure of the
relationship between the federal government and states as outlined
in the United States Constitution; and
(3) incompatible with the guarantee in the United
States Constitution of a democratic representative form of
government for the states.
(c) Consistent with the policy of this state provided by
Subsection (b), the attorney general may file an action in the name
of this state in a federal court to enjoin the enforcement of a
coercive federal condition applicable to federal money this state
receives.
SECTION 4. Notwithstanding Section 322.0083(d), Government
Code, as added by this Act, the Legislative Budget Board shall
provide the initial report required by that section to the
legislature, the governor, and the attorney general not later than:
(1) September 1, 2017, if the legislature enacts the
general appropriations act for the state fiscal biennium beginning
September 1, 2017, during the 85th Regular Session and the act
becomes law; or
(2) the 90th day after the last day of a special
legislative session of the 85th Legislature during which that
legislature enacts the general appropriations act for the state
fiscal biennium beginning September 1, 2017, if that act becomes
law.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.