| 1 | 1 | | 87R9691 BRG-F |
|---|
| 2 | 2 | | By: Burns H.J.R. No. 116 |
|---|
| 3 | 3 | | |
|---|
| 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 political subdivisions to spend |
|---|
| 10 | 10 | | revenue. |
|---|
| 11 | 11 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Article III, Texas Constitution, is amended by |
|---|
| 13 | 13 | | adding Section 71 to read as follows: |
|---|
| 14 | 14 | | Sec. 71. (a) Except as provided by Subsections (b) and (c) |
|---|
| 15 | 15 | | of this section, a state law enacted through a bill that takes |
|---|
| 16 | 16 | | effect on or after January 1, 2022, and that requires a political |
|---|
| 17 | 17 | | subdivision to establish, expand, or modify a duty or activity that |
|---|
| 18 | 18 | | requires the political subdivision to spend revenue must provide |
|---|
| 19 | 19 | | for reimbursement to each political subdivision affected by the |
|---|
| 20 | 20 | | requirement in an amount equal to the estimated cost to the |
|---|
| 21 | 21 | | political subdivision to comply with the requirement or rules |
|---|
| 22 | 22 | | adopted under the requirement. The law may provide for |
|---|
| 23 | 23 | | reimbursement by: |
|---|
| 24 | 24 | | (1) appropriating an amount of money equal to the |
|---|
| 25 | 25 | | estimated cost to each political subdivision affected by the |
|---|
| 26 | 26 | | requirement; |
|---|
| 27 | 27 | | (2) authorizing or requiring each political |
|---|
| 28 | 28 | | subdivision affected by the requirement to impose a fee, charge, |
|---|
| 29 | 29 | | assessment, or similar payment to reimburse the political |
|---|
| 30 | 30 | | subdivision for the estimated cost; or |
|---|
| 31 | 31 | | (3) otherwise providing from a source other than the |
|---|
| 32 | 32 | | revenue of a political subdivision for the reimbursement of the |
|---|
| 33 | 33 | | estimated cost to the affected political subdivision. |
|---|
| 34 | 34 | | (b) Subsection (a) of this section does not apply to: |
|---|
| 35 | 35 | | (1) a law that imposes a requirement only on one or |
|---|
| 36 | 36 | | more of the following political subdivisions: |
|---|
| 37 | 37 | | (A) an independent school district; |
|---|
| 38 | 38 | | (B) a junior college district; or |
|---|
| 39 | 39 | | (C) a political subdivision that employs in any |
|---|
| 40 | 40 | | capacity a person required to register as a lobbyist under Chapter |
|---|
| 41 | 41 | | 305, Government Code, or a successor requirement; or |
|---|
| 42 | 42 | | (2) a law that imposes a requirement that is required |
|---|
| 43 | 43 | | to be enacted by: |
|---|
| 44 | 44 | | (A) this constitution; |
|---|
| 45 | 45 | | (B) the United States Constitution; |
|---|
| 46 | 46 | | (C) a federal law; or |
|---|
| 47 | 47 | | (D) an order of a state or federal court. |
|---|
| 48 | 48 | | (c) Subsection (a) of this section is not effective unless |
|---|
| 49 | 49 | | the legislature by general law has prescribed procedural |
|---|
| 50 | 50 | | requirements applicable to the consideration of a bill described by |
|---|
| 51 | 51 | | Subsection (a) of this section, including requirements related to: |
|---|
| 52 | 52 | | (1) identifying each bill that includes a requirement |
|---|
| 53 | 53 | | described by Subsection (a) of this section; and |
|---|
| 54 | 54 | | (2) providing the fiscal implications and probable |
|---|
| 55 | 55 | | cost of each bill described by Subsection (a) of this section to the |
|---|
| 56 | 56 | | members of the legislature. |
|---|
| 57 | 57 | | (d) Notwithstanding Subsection (b) of this section, a |
|---|
| 58 | 58 | | political subdivision is entitled to reimbursement under |
|---|
| 59 | 59 | | Subsection (a) of this section regardless of whether the political |
|---|
| 60 | 60 | | subdivision spends public money for membership fees and dues of a |
|---|
| 61 | 61 | | nonprofit state association or organization of similar political |
|---|
| 62 | 62 | | subdivisions that exists for the betterment of local government and |
|---|
| 63 | 63 | | the benefit of all local officials. |
|---|
| 64 | 64 | | SECTION 2. The following temporary provision is added to |
|---|
| 65 | 65 | | the Texas Constitution: |
|---|
| 66 | 66 | | TEMPORARY PROVISION. (a) This temporary provision applies |
|---|
| 67 | 67 | | to the constitutional amendment proposed by the 87th Legislature, |
|---|
| 68 | 68 | | Regular Session, 2021, to require the legislature to provide for |
|---|
| 69 | 69 | | the reimbursement of certain political subdivisions for the |
|---|
| 70 | 70 | | implementation of laws that establish, expand, or modify a duty or |
|---|
| 71 | 71 | | activity that requires the political subdivisions to spend revenue. |
|---|
| 72 | 72 | | (b) Section 71, Article III, of this constitution takes |
|---|
| 73 | 73 | | effect January 1, 2022, and applies only to a state law enacted |
|---|
| 74 | 74 | | through a bill in a regular or special session of the legislature |
|---|
| 75 | 75 | | that is convened on or after that date. |
|---|
| 76 | 76 | | (c) This temporary provision expires January 1, 2023. |
|---|
| 77 | 77 | | SECTION 3. This proposed constitutional amendment shall be |
|---|
| 78 | 78 | | submitted to the voters at an election to be held November 2, 2021. |
|---|
| 79 | 79 | | The ballot shall be printed to permit voting for or against the |
|---|
| 80 | 80 | | proposition: "The constitutional amendment to require the |
|---|
| 81 | 81 | | legislature to provide for the reimbursement of certain political |
|---|
| 82 | 82 | | subdivisions for the implementation of laws that establish, expand, |
|---|
| 83 | 83 | | or modify a duty or activity that requires the political |
|---|
| 84 | 84 | | subdivisions to spend revenue." |
|---|