86R12467 SLB-F
By: Burns H.J.R. No. 122
A JOINT RESOLUTION
proposing a constitutional amendment to require the legislature to
provide for the reimbursement of certain political subdivisions for
the implementation of laws that establish, expand, or modify a duty
or activity that requires the expenditure of revenue.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article III, Texas Constitution, is amended by
adding Section 68 to read as follows:
Sec. 68. (a) Except as provided by Subsections (b) and (c)
of this section, a provision of law enacted by the legislature
through a bill that becomes law on or after January 1, 2020, that
requires a political subdivision to establish, expand, or modify a
duty or activity that requires the expenditure of revenue by the
political subdivision shall provide for one of the following
methods for the reimbursement to each political subdivision
affected by the requirement of the estimated cost to the political
subdivision to comply with the requirement or rules adopted under
the requirement:
(1) by appropriating the total estimated cost to all
political subdivisions affected by the requirement for the period
that begins on the date the bill takes effect;
(2) by authorizing or requiring each political
subdivision affected by the requirement to impose a fee, charge,
assessment, or similar payment for the express purpose of
reimbursing the political subdivision for the estimated cost for
the period that begins on the date the bill takes effect; or
(3) by otherwise providing from a source other than
the revenue of a political subdivision for the reimbursement of the
estimated cost to each affected political subdivision for the
period that begins on the date the bill takes effect.
(b) Subsection (a) of this section does not apply to:
(1) a provision of law that imposes a requirement
described by that subsection only on one or more of the following
political subdivisions:
(A) an independent school district;
(B) a junior college district; or
(C) a political subdivision that employs in any
capacity a person required to register as a lobbyist under Chapter
305, Government Code; or
(2) a provision of law that imposes a requirement
described by that subsection that is required to be enacted by:
(A) this constitution;
(B) the United States Constitution;
(C) a federal law; or
(D) an order of a state or federal court.
(c) Subsection (a) of this section is not effective unless
the legislature by general law has prescribed procedural
requirements applicable to the consideration of a bill described by
Subsection (a) of this section, including requirements related to:
(1) identifying each bill that includes a requirement
described by Subsection (a) of this section; and
(2) providing the fiscal implications and probable
cost of each bill described by Subsection (a) of this section to the
members of the legislature.
(d) A political subdivision entitled to reimbursement under
Subsection (a) of this section may spend public money for
membership fees and dues of a nonprofit state association or
organization of similar political subdivisions only if:
(1) the association or organization exists for the
betterment of local government and the benefit of all local
officials; and
(2) the association or organization does not:
(A) employ in any capacity a person required to
register as a lobbyist under Chapter 305, Government Code;
(B) directly or indirectly contribute money,
services, or other thing of value to a political campaign; or
(C) endorse a candidate or group of candidates
for public office.
SECTION 2. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the constitutional amendment proposed by the 86th Legislature,
Regular Session, 2019, to require the legislature to provide for
the reimbursement of certain political subdivisions for the
implementation of laws that establish, expand, or modify a duty or
activity that requires the expenditure of revenue.
(b) Section 68, Article III, of this constitution takes
effect January 1, 2020, and applies only to a provision of law
enacted by the legislature through a bill that passes during a
regular or special session of the legislature that is convened on or
after that date.
(c) This temporary provision expires January 1, 2021.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 5, 2019.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment to require the
legislature to provide for the reimbursement of certain political
subdivisions for the implementation of laws that establish, expand,
or modify a duty or activity that requires the expenditure of
revenue."