1 | 1 | | 89R334 MP-F |
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2 | 2 | | By: Zaffirini S.B. No. 73 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the creation and duties of the unfunded mandates |
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10 | 10 | | interagency work group. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 320.001, Government Code, is amended to |
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13 | 13 | | read as follows: |
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14 | 14 | | Sec. 320.001. DEFINITIONS [DEFINITION]. In this chapter: |
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15 | 15 | | (1) "Interagency work group" means the unfunded |
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16 | 16 | | mandates interagency work group. |
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17 | 17 | | (2) "Mandate" [, "mandate"] means a requirement made |
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18 | 18 | | by a statute enacted by the legislature on or after January 1, 2025 |
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19 | 19 | | [1997], that requires a political subdivision to establish, expand, |
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20 | 20 | | or modify a duty or [an] activity in a way that requires the |
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21 | 21 | | expenditure of revenue by the political subdivision that would not |
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22 | 22 | | have been required in the absence of the statutory provision. |
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23 | 23 | | SECTION 2. Chapter 320, Government Code, is amended by |
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24 | 24 | | adding Sections 320.002 and 320.003 to read as follows: |
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25 | 25 | | Sec. 320.002. UNFUNDED MANDATES INTERAGENCY WORK GROUP. |
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26 | 26 | | (a) The unfunded mandates interagency work group consists of: |
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27 | 27 | | (1) the state auditor; |
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28 | 28 | | (2) the director of the Legislative Budget Board; |
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29 | 29 | | (3) the comptroller; |
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30 | 30 | | (4) a senator appointed by the lieutenant governor; |
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31 | 31 | | and |
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32 | 32 | | (5) a member of the house of representatives appointed |
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33 | 33 | | by the speaker of the house of representatives. |
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34 | 34 | | (b) A member of the interagency work group is not entitled |
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35 | 35 | | to additional compensation for service on the work group. |
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36 | 36 | | (c) A member of the interagency work group may collaborate |
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37 | 37 | | with any person employed by the member's agency to complete the |
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38 | 38 | | member's work on the work group. |
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39 | 39 | | (d) The members of the interagency work group may enter into |
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40 | 40 | | an interagency memorandum of understanding regarding the |
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41 | 41 | | completion of the work required by this chapter. |
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42 | 42 | | Sec. 320.003. ADVISORY LIST OF UNFUNDED MANDATES. (a) Not |
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43 | 43 | | later than the September 1 following a regular session of the |
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44 | 44 | | legislature and not later than the 90th day after the last day of a |
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45 | 45 | | special session of the legislature, the interagency work group |
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46 | 46 | | shall publish an advisory list of mandates for which the |
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47 | 47 | | legislature has not provided reimbursement under Subsection (b) and |
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48 | 48 | | that were enacted by the legislature during that legislative |
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49 | 49 | | session. By that same date the interagency work group shall: |
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50 | 50 | | (1) remove from the advisory list of mandates for a |
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51 | 51 | | previous legislative session those mandates for which the |
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52 | 52 | | legislature has provided reimbursement under Subsection (b), those |
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53 | 53 | | that are no longer subject to reimbursement, and those that are no |
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54 | 54 | | longer in effect; and |
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55 | 55 | | (2) add to the advisory list a mandate from a previous |
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56 | 56 | | legislative session for which reimbursement was provided under |
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57 | 57 | | Subsection (b) in the previous session but for which reimbursement |
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58 | 58 | | was not provided in the most recent regular session or in any |
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59 | 59 | | subsequent special sessions. |
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60 | 60 | | (b) A mandate is considered to be a mandate for which the |
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61 | 61 | | legislature has provided reimbursement if the legislature: |
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62 | 62 | | (1) expressly provides by statute enacted by a record |
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63 | 63 | | vote of two-thirds of the members elected to each house that the |
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64 | 64 | | mandate is not subject to reimbursement under this section; or |
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65 | 65 | | (2) appropriates or otherwise provides for the payment |
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66 | 66 | | or reimbursement, from a source other than revenue of the political |
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67 | 67 | | subdivision, of the costs incurred in the calendar year by the |
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68 | 68 | | political subdivision in complying with the mandate. |
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69 | 69 | | (c) This section does not apply to a mandate: |
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70 | 70 | | (1) imposed by the legislature or a state agency to |
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71 | 71 | | comply with a requirement of the Texas Constitution, federal law, |
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72 | 72 | | or a court order or to maximize the receipt of federal funds by the |
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73 | 73 | | state in areas such as education, health and human services, and |
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74 | 74 | | criminal justice; |
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75 | 75 | | (2) approved by the voters of this state at a general |
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76 | 76 | | election; or |
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77 | 77 | | (3) affecting employee pensions and benefits. |
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78 | 78 | | SECTION 3. Notwithstanding Section 320.003, Government |
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79 | 79 | | Code, as added by this Act, the unfunded mandates interagency work |
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80 | 80 | | group is not required to publish a report under that section for a |
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81 | 81 | | legislative session beginning before September 1, 2025, until the |
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82 | 82 | | later of September 1, 2025, or the 90th day after the effective date |
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83 | 83 | | of this Act. |
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84 | 84 | | SECTION 4. This Act takes effect immediately if it receives |
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85 | 85 | | a vote of two-thirds of all the members elected to each house, as |
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86 | 86 | | provided by Section 39, Article III, Texas Constitution. If this |
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87 | 87 | | Act does not receive the vote necessary for immediate effect, this |
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88 | 88 | | Act takes effect September 1, 2025. |
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