87R9691 BRG-F
By: Burns H.J.R. No. 116
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 political subdivisions to spend
revenue.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article III, Texas Constitution, is amended by
adding Section 71 to read as follows:
Sec. 71. (a) Except as provided by Subsections (b) and (c)
of this section, a state law enacted through a bill that takes
effect on or after January 1, 2022, and that requires a political
subdivision to establish, expand, or modify a duty or activity that
requires the political subdivision to spend revenue must provide
for reimbursement to each political subdivision affected by the
requirement in an amount equal to the estimated cost to the
political subdivision to comply with the requirement or rules
adopted under the requirement. The law may provide for
reimbursement by:
(1) appropriating an amount of money equal to the
estimated cost to each political subdivision affected by the
requirement;
(2) authorizing or requiring each political
subdivision affected by the requirement to impose a fee, charge,
assessment, or similar payment to reimburse the political
subdivision for the estimated cost; or
(3) otherwise providing from a source other than the
revenue of a political subdivision for the reimbursement of the
estimated cost to the affected political subdivision.
(b) Subsection (a) of this section does not apply to:
(1) a law that imposes a requirement 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 a successor requirement; or
(2) a law that imposes a requirement 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) Notwithstanding Subsection (b) of this section, a
political subdivision is entitled to reimbursement under
Subsection (a) of this section regardless of whether the political
subdivision spends public money for membership fees and dues of a
nonprofit state association or organization of similar political
subdivisions that exists for the betterment of local government and
the benefit of all local officials.
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 87th Legislature,
Regular Session, 2021, 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 political subdivisions to spend revenue.
(b) Section 71, Article III, of this constitution takes
effect January 1, 2022, and applies only to a state law enacted
through a bill in a regular or special session of the legislature
that is convened on or after that date.
(c) This temporary provision expires January 1, 2023.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 2, 2021.
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 political
subdivisions to spend revenue."