Texas 2025 - 89th Regular

Texas Senate Bill SB73 Compare Versions

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11 89R334 MP-F
22 By: Zaffirini S.B. No. 73
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the creation and duties of the unfunded mandates
1010 interagency work group.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 320.001, Government Code, is amended to
1313 read as follows:
1414 Sec. 320.001. DEFINITIONS [DEFINITION]. In this chapter:
1515 (1) "Interagency work group" means the unfunded
1616 mandates interagency work group.
1717 (2) "Mandate" [, "mandate"] means a requirement made
1818 by a statute enacted by the legislature on or after January 1, 2025
1919 [1997], that requires a political subdivision to establish, expand,
2020 or modify a duty or [an] activity in a way that requires the
2121 expenditure of revenue by the political subdivision that would not
2222 have been required in the absence of the statutory provision.
2323 SECTION 2. Chapter 320, Government Code, is amended by
2424 adding Sections 320.002 and 320.003 to read as follows:
2525 Sec. 320.002. UNFUNDED MANDATES INTERAGENCY WORK GROUP.
2626 (a) The unfunded mandates interagency work group consists of:
2727 (1) the state auditor;
2828 (2) the director of the Legislative Budget Board;
2929 (3) the comptroller;
3030 (4) a senator appointed by the lieutenant governor;
3131 and
3232 (5) a member of the house of representatives appointed
3333 by the speaker of the house of representatives.
3434 (b) A member of the interagency work group is not entitled
3535 to additional compensation for service on the work group.
3636 (c) A member of the interagency work group may collaborate
3737 with any person employed by the member's agency to complete the
3838 member's work on the work group.
3939 (d) The members of the interagency work group may enter into
4040 an interagency memorandum of understanding regarding the
4141 completion of the work required by this chapter.
4242 Sec. 320.003. ADVISORY LIST OF UNFUNDED MANDATES. (a) Not
4343 later than the September 1 following a regular session of the
4444 legislature and not later than the 90th day after the last day of a
4545 special session of the legislature, the interagency work group
4646 shall publish an advisory list of mandates for which the
4747 legislature has not provided reimbursement under Subsection (b) and
4848 that were enacted by the legislature during that legislative
4949 session. By that same date the interagency work group shall:
5050 (1) remove from the advisory list of mandates for a
5151 previous legislative session those mandates for which the
5252 legislature has provided reimbursement under Subsection (b), those
5353 that are no longer subject to reimbursement, and those that are no
5454 longer in effect; and
5555 (2) add to the advisory list a mandate from a previous
5656 legislative session for which reimbursement was provided under
5757 Subsection (b) in the previous session but for which reimbursement
5858 was not provided in the most recent regular session or in any
5959 subsequent special sessions.
6060 (b) A mandate is considered to be a mandate for which the
6161 legislature has provided reimbursement if the legislature:
6262 (1) expressly provides by statute enacted by a record
6363 vote of two-thirds of the members elected to each house that the
6464 mandate is not subject to reimbursement under this section; or
6565 (2) appropriates or otherwise provides for the payment
6666 or reimbursement, from a source other than revenue of the political
6767 subdivision, of the costs incurred in the calendar year by the
6868 political subdivision in complying with the mandate.
6969 (c) This section does not apply to a mandate:
7070 (1) imposed by the legislature or a state agency to
7171 comply with a requirement of the Texas Constitution, federal law,
7272 or a court order or to maximize the receipt of federal funds by the
7373 state in areas such as education, health and human services, and
7474 criminal justice;
7575 (2) approved by the voters of this state at a general
7676 election; or
7777 (3) affecting employee pensions and benefits.
7878 SECTION 3. Notwithstanding Section 320.003, Government
7979 Code, as added by this Act, the unfunded mandates interagency work
8080 group is not required to publish a report under that section for a
8181 legislative session beginning before September 1, 2025, until the
8282 later of September 1, 2025, or the 90th day after the effective date
8383 of this Act.
8484 SECTION 4. This Act takes effect immediately if it receives
8585 a vote of two-thirds of all the members elected to each house, as
8686 provided by Section 39, Article III, Texas Constitution. If this
8787 Act does not receive the vote necessary for immediate effect, this
8888 Act takes effect September 1, 2025.