Texas 2019 - 86th Regular

Texas House Bill HJR122 Compare Versions

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

Old	New	Differences
1	1	86R12467 SLB-F
2	2	By: Burns H.J.R. No. 122
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4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment to require the legislature to
7	7	provide for the reimbursement of certain political subdivisions for
8	8	the implementation of laws that establish, expand, or modify a duty
9	9	or activity that requires the expenditure of revenue.
10	10	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article III, Texas Constitution, is amended by
12	12	adding Section 68 to read as follows:
13	13	Sec. 68. (a) Except as provided by Subsections (b) and (c)
14	14	of this section, a provision of law enacted by the legislature
15	15	through a bill that becomes law on or after January 1, 2020, that
16	16	requires a political subdivision to establish, expand, or modify a
17	17	duty or activity that requires the expenditure of revenue by the
18	18	political subdivision shall provide for one of the following
19	19	methods for the reimbursement to each political subdivision
20	20	affected by the requirement of the estimated cost to the political
21	21	subdivision to comply with the requirement or rules adopted under
22	22	the requirement:
23	23	(1) by appropriating the total estimated cost to all
24	24	political subdivisions affected by the requirement for the period
25	25	that begins on the date the bill takes effect;
26	26	(2) by authorizing or requiring each political
27	27	subdivision affected by the requirement to impose a fee, charge,
28	28	assessment, or similar payment for the express purpose of
29	29	reimbursing the political subdivision for the estimated cost for
30	30	the period that begins on the date the bill takes effect; or
31	31	(3) by otherwise providing from a source other than
32	32	the revenue of a political subdivision for the reimbursement of the
33	33	estimated cost to each affected political subdivision for the
34	34	period that begins on the date the bill takes effect.
35	35	(b) Subsection (a) of this section does not apply to:
36	36	(1) a provision of law that imposes a requirement
37	37	described by that subsection only on one or more of the following
38	38	political subdivisions:
39	39	(A) an independent school district;
40	40	(B) a junior college district; or
41	41	(C) a political subdivision that employs in any
42	42	capacity a person required to register as a lobbyist under Chapter
43	43	305, Government Code; or
44	44	(2) a provision of law that imposes a requirement
45	45	described by that subsection that is required to be enacted by:
46	46	(A) this constitution;
47	47	(B) the United States Constitution;
48	48	(C) a federal law; or
49	49	(D) an order of a state or federal court.
50	50	(c) Subsection (a) of this section is not effective unless
51	51	the legislature by general law has prescribed procedural
52	52	requirements applicable to the consideration of a bill described by
53	53	Subsection (a) of this section, including requirements related to:
54	54	(1) identifying each bill that includes a requirement
55	55	described by Subsection (a) of this section; and
56	56	(2) providing the fiscal implications and probable
57	57	cost of each bill described by Subsection (a) of this section to the
58	58	members of the legislature.
59	59	(d) A political subdivision entitled to reimbursement under
60	60	Subsection (a) of this section may spend public money for
61	61	membership fees and dues of a nonprofit state association or
62	62	organization of similar political subdivisions only if:
63	63	(1) the association or organization exists for the
64	64	betterment of local government and the benefit of all local
65	65	officials; and
66	66	(2) the association or organization does not:
67	67	(A) employ in any capacity a person required to
68	68	register as a lobbyist under Chapter 305, Government Code;
69	69	(B) directly or indirectly contribute money,
70	70	services, or other thing of value to a political campaign; or
71	71	(C) endorse a candidate or group of candidates
72	72	for public office.
73	73	SECTION 2. The following temporary provision is added to
74	74	the Texas Constitution:
75	75	TEMPORARY PROVISION. (a) This temporary provision applies
76	76	to the constitutional amendment proposed by the 86th Legislature,
77	77	Regular Session, 2019, to require the legislature to provide for
78	78	the reimbursement of certain political subdivisions for the
79	79	implementation of laws that establish, expand, or modify a duty or
80	80	activity that requires the expenditure of revenue.
81	81	(b) Section 68, Article III, of this constitution takes
82	82	effect January 1, 2020, and applies only to a provision of law
83	83	enacted by the legislature through a bill that passes during a
84	84	regular or special session of the legislature that is convened on or
85	85	after that date.
86	86	(c) This temporary provision expires January 1, 2021.
87	87	SECTION 3. This proposed constitutional amendment shall be
88	88	submitted to the voters at an election to be held November 5, 2019.
89	89	The ballot shall be printed to permit voting for or against the
90	90	proposition: "The constitutional amendment to require the
91	91	legislature to provide for the reimbursement of certain political
92	92	subdivisions for the implementation of laws that establish, expand,
93	93	or modify a duty or activity that requires the expenditure of
94	94	revenue."