Texas 2019 - 86th Regular

Texas Senate Bill SB62 Compare Versions

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11 86R1819 JCG-F
22 By: Zaffirini S.B. No. 62
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation and duties of the unfunded mandates
88 interagency work group.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 320.001, Government Code, is amended to
1111 read as follows:
1212 Sec. 320.001. DEFINITIONS [DEFINITION]. In this chapter:
1313 (1) "Interagency work group" means the unfunded
1414 mandates interagency work group.
1515 (2) "Mandate" [, "mandate"] means a requirement made
1616 by a statute enacted by the legislature on or after January 1, 2019
1717 [1997], that requires a political subdivision to establish, expand,
1818 or modify a duty or [an] activity in a way that requires the
1919 expenditure of revenue by the political subdivision that would not
2020 have been required in the absence of the statutory provision.
2121 SECTION 2. Chapter 320, Government Code, is amended by
2222 adding Sections 320.002 and 320.003 to read as follows:
2323 Sec. 320.002. UNFUNDED MANDATES INTERAGENCY WORK GROUP.
2424 (a) The unfunded mandates interagency work group consists of:
2525 (1) the state auditor;
2626 (2) the director of the Legislative Budget Board;
2727 (3) the comptroller;
2828 (4) a senator appointed by the lieutenant governor;
2929 and
3030 (5) a member of the house of representatives appointed
3131 by the speaker of the house of representatives.
3232 (b) A member of the interagency work group is not entitled
3333 to additional compensation for service on the work group.
3434 (c) A member of the interagency work group may use any
3535 person employed by the member's agency to complete the member's work
3636 on the work group.
3737 (d) The members of the interagency work group may enter into
3838 an interagency memorandum of understanding regarding the
3939 completion of the work required by this chapter.
4040 Sec. 320.003. ADVISORY LIST OF UNFUNDED MANDATES. (a) Not
4141 later than the September 1 following a regular session of the
4242 legislature and not later than the 90th day after the last day of a
4343 special session of the legislature, the interagency work group
4444 shall publish an advisory list of mandates for which the
4545 legislature has not provided reimbursement under Subsection (b) and
4646 that were enacted by the legislature during that legislative
4747 session. By that same date the interagency work group shall:
4848 (1) remove from the advisory list of mandates for a
4949 previous legislative session those mandates for which the
5050 legislature has provided reimbursement under Subsection (b), those
5151 that are no longer subject to reimbursement, and those that are no
5252 longer in effect; and
5353 (2) add to the advisory list a mandate from a previous
5454 legislative session for which reimbursement was provided under
5555 Subsection (b) in the previous session but for which reimbursement
5656 was not provided in the most recent regular session or in any
5757 subsequent special sessions.
5858 (b) A mandate is considered to be a mandate for which the
5959 legislature has provided reimbursement if the legislature:
6060 (1) expressly provides by statute enacted by a record
6161 vote of two-thirds of the members elected to each house that the
6262 mandate is not subject to reimbursement under this section; or
6363 (2) appropriates or otherwise provides for the payment
6464 or reimbursement, from a source other than revenue of the political
6565 subdivision, of the costs incurred in the calendar year by the
6666 political subdivision in complying with the mandate.
6767 (c) This section does not apply to a mandate:
6868 (1) imposed by the legislature or a state agency to
6969 comply with a requirement of the Texas Constitution, federal law,
7070 or a court order or to maximize the receipt of federal funds by the
7171 state in areas such as education, health and human services, and
7272 criminal justice;
7373 (2) approved by the voters of this state at a general
7474 election; or
7575 (3) affecting employee pensions and benefits.
7676 SECTION 3. This Act takes effect immediately if it receives
7777 a vote of two-thirds of all the members elected to each house, as
7878 provided by Section 39, Article III, Texas Constitution. If this
7979 Act does not receive the vote necessary for immediate effect, this
8080 Act takes effect September 1, 2019.