Texas House Bill HJR32

Texas 2021 - 87th Regular

Caption

Proposing a constitutional amendment to restrict the power of the legislature to mandate requirements on a municipality or county.

Impact

If HJR32 is enacted, it will alter the interactions between state and local governments by setting a prerequisite for funding local activities mandated by the state. This amendment is intended to reduce the fiscal pressure on local governments, which often struggle with balancing budgets in light of additional responsibilities that come without funding. By ensuring that any such legislation requires state funding, the amendment seeks to promote a more sustainable financial model for local governance, enabling municipalities and counties to allocate their resources more effectively.

Summary

HJR32 proposes a significant constitutional amendment aimed at limiting the state legislature's power to impose unfunded mandates on municipalities and counties. The proposed change would amend Article III of the Texas Constitution by adding a new section, which specifically applies to laws enacted after January 1, 2022. This amendment mandates that any law requiring local governments to undertake duties or activities that incur expenses must be accompanied by the state's provision of funds to cover these costs. Thus, local entities could no longer be compelled to act without appropriate financial support from the state, protecting them from financial burden from state mandates.

Contention

The legislative discussion surrounding HJR32 reveals varying viewpoints. Advocates argue that the bill is a necessary protection for local governments, preventing them from being overburdened by state requirements that could lead to financial distress. However, there is contention among opponents who express concern that this amendment could hinder the legislature's ability to respond to statewide issues effectively. Critics argue that lawmakers need flexibility in enacting laws that may address pressing state-wide needs, even if those laws impose costs on local jurisdictions. This tension highlights an ongoing debate about the balance of power and fiscal responsibility between state and local authorities.