Bill Text: TX HB3300 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to mechanisms to address the adverse impact of unfunded state mandates on local governments.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-06 - Referred to Government Efficiency & Reform [HB3300 Detail]
Download: Texas-2011-HB3300-Introduced.html
82R10757 JSA-D | ||
By: Cain | H.B. No. 3300 |
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relating to mechanisms to address the adverse impact of unfunded | ||
state mandates on local governments. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Chapter 320, Government Code, is | ||
amended to read as follows: | ||
CHAPTER 320. REVIEW OF UNFUNDED LEGISLATIVE MANDATES | ||
ON POLITICAL SUBDIVISIONS | ||
SECTION 2. Section 320.001, Government Code, is amended to | ||
read as follows: | ||
Sec. 320.001. DEFINITIONS [ |
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(1) "Interagency work group" means the unfunded | ||
mandates interagency work group. | ||
(2) "Mandate" [ |
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by a statute enacted by the legislature on or after January 1, 2011 | ||
[ |
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or modify a duty or [ |
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expenditure of revenue by the political subdivision that would not | ||
have been required in the absence of the statutory provision. | ||
SECTION 3. Chapter 320, Government Code, is amended by | ||
adding Section 320.002 to read as follows: | ||
Sec. 320.002. UNFUNDED MANDATES INTERAGENCY WORK GROUP. | ||
(a) The unfunded mandates interagency work group consists of: | ||
(1) the state auditor; | ||
(2) the director of the Legislative Budget Board; | ||
(3) the comptroller; | ||
(4) a senator appointed by the lieutenant governor; | ||
and | ||
(5) a member of the house of representatives appointed | ||
by the speaker of the house of representatives. | ||
(b) A member of the interagency work group is not entitled | ||
to additional compensation for service on the work group. | ||
(c) A member of the interagency work group may use any | ||
person employed by the member's agency to complete the member's work | ||
on the work group. | ||
(d) The members of the interagency work group may enter into | ||
an interagency memorandum of understanding regarding the | ||
completion of the work required by this chapter. | ||
SECTION 4. The heading to Section 320.003, Government Code, | ||
is amended to read as follows: | ||
Sec. 320.003. ADVISORY LIST OF UNFUNDED MANDATES. | ||
SECTION 5. Section 320.003(a), Government Code, is amended | ||
to read as follows: | ||
(a) On or before the September 1 following a regular session | ||
of the legislature and on or before the 90th day after the last day | ||
of a special session of the legislature, the interagency work group | ||
shall publish an advisory [ |
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legislature has not provided reimbursement under Subsection (b) and | ||
that were enacted by the legislature during that legislative | ||
session. By that same date the interagency work group shall: | ||
(1) remove from the advisory list of mandates for a | ||
previous legislative session those mandates for which the | ||
legislature has provided reimbursement under Subsection (b), those | ||
that are no longer subject to reimbursement, and those that are no | ||
longer in effect; and | ||
(2) add to the advisory list a mandate from a previous | ||
legislative session for which reimbursement was provided under | ||
Subsection (b) in the previous session but for which reimbursement | ||
was not provided in the most recent regular session or in any | ||
subsequent special sessions. | ||
SECTION 6. Chapter 320, Government Code, is amended by | ||
adding Section 320.005 to read as follows: | ||
Sec. 320.005. APPLICABILITY OF MANDATES. (a) A political | ||
subdivision is only required to comply with a mandate for which the | ||
legislature has provided reimbursement under Section 320.003(b). | ||
(b) For purposes of determining compliance with a mandate, a | ||
political subdivision may act in reliance on the advisory list of | ||
unfunded mandates published under Section 320.003(a). | ||
SECTION 7. Subtitle B, Title 3, Government Code, is amended | ||
by adding Chapter 320A to read as follows: | ||
CHAPTER 320A. STATE-LOCAL COOPERATION | ||
REGARDING STATE MANDATES | ||
Sec. 320A.001. PURPOSE. The purpose of this chapter is to | ||
strengthen the partnership between the state and local governments | ||
in order to prevent the imposition of state regulatory and | ||
statutory mandates on local governments without adequate funding in | ||
a manner that may displace other essential local governmental | ||
priorities by promoting informed and deliberate decisions by the | ||
legislature and state agencies on the appropriateness of state | ||
mandates through: | ||
(1) consultation with affected units of local | ||
government; and | ||
(2) full consideration of the costs of those mandates | ||
on local governments. | ||
Sec. 320A.002. DEFINITIONS. In this chapter: | ||
(1) "Board" means the Legislative Budget Board. | ||
(2) "Rule" has the meaning assigned by Section | ||
2001.003. | ||
(3) "State agency" means any entity in the executive | ||
or judicial branch of state government. | ||
(4) "State mandate" means a requirement made by a | ||
statute enacted by the legislature or by a rule or policy adopted by | ||
a state agency that requires a political subdivision to establish, | ||
expand, or modify an activity in a way that requires the expenditure | ||
of revenue by the political subdivision that would not have been | ||
required in the absence of the statutory provision, rule, or | ||
policy. | ||
Sec. 320A.003. CONSULTATION WITH LOCAL GOVERNMENTS | ||
REGARDING REGULATORY MANDATES. (a) Each state agency that | ||
proposes to adopt or amend a rule that directly affects one or more | ||
classes of political subdivisions shall solicit comments and advice | ||
regarding the probable costs and other adverse impact on affected | ||
political subdivisions from: | ||
(1) representatives or advisory panels with | ||
appropriate expertise and experience from each affected class of | ||
political subdivision; and | ||
(2) statewide organizations representing a | ||
substantial number of members of each affected class of political | ||
subdivision. | ||
(b) Not later than the 10th day before the date a state | ||
agency adopts or amends a rule that directly affects one or more | ||
classes of political subdivisions, the agency shall: | ||
(1) prepare a local government impact statement that | ||
takes into account the comments and advice received under | ||
Subsection (a) and includes an analysis of the probable costs to | ||
affected political subdivisions of compliance with the rule; and | ||
(2) deliver a copy of the impact statement and the | ||
proposed rule to the board, to the lieutenant governor and the | ||
speaker of the house of representatives, and to the standing | ||
committees of each house with primary jurisdiction over the agency | ||
or the subject matter to which the proposed rule applies. | ||
(c) The board shall prescribe recommended procedures for | ||
compliance by state agencies with this section. | ||
(d) For purposes of Subsection (a)(1), the Texas Juvenile | ||
Probation Commission shall establish a panel of professionals | ||
representing county juvenile probation departments to review | ||
proposed rules of the commission. In consultation with the panel, | ||
the commissions shall develop a feasibility and cost analysis | ||
profile for each proposed rule to be included in the impact | ||
statement prepared under Subsection (b). | ||
Sec. 320A.004. IMPACT STATEMENTS FOR STATE LEGISLATIVE | ||
MANDATES. (a) The board shall establish procedures by which the | ||
board examines each bill or proposed constitutional amendment filed | ||
in either house of the legislature to: | ||
(1) identify any state mandates included in the | ||
measure; | ||
(2) estimate the probable costs to affected political | ||
subdivisions of compliance with any state mandate identified by the | ||
board; and | ||
(3) determine whether the measure provides a specific, | ||
sufficient source of funding of any identified state mandate. | ||
(b) To the extent practicable, the board shall consult with | ||
appropriate representatives of the various classes of political | ||
subdivisions to give those political subdivisions an opportunity to | ||
provide assistance to the board in identifying state mandates in | ||
proposed legislation and estimating the probable costs of those | ||
mandates on affected political subdivisions. | ||
(c) The board shall prepare a state mandate impact analysis | ||
based on the board's examination under Subsection (a) and shall | ||
deliver a copy of the impact analysis to: | ||
(1) each author or sponsor of the measure; and | ||
(2) each legislative committee considering the | ||
measure. | ||
Sec. 320A.005. REVIEW OF EXISTING STATE REGULATORY | ||
MANDATES. (a) Each state agency, not later than January 1, 2012, | ||
shall submit to the interagency work group established under | ||
Chapter 320 in the form prescribed by the work group a list of all | ||
rules adopted by the agency on or after January 1, 2003. For each | ||
rule on the list, the agency shall: | ||
(1) state the statutory or other legal authority for | ||
the rule; | ||
(2) provide a brief statement of the background and | ||
purpose of the rule; and | ||
(3) include an analysis of the direct impact, | ||
including compliance costs, of the rule on political subdivisions. | ||
(b) Not later than January 1, 2013, the interagency work | ||
group shall: | ||
(1) review each rule submitted under Subsection (a) to | ||
determine whether the rule includes one or more state mandates; | ||
(2) estimate the probable costs to affected political | ||
subdivisions of compliance with any state mandate included in the | ||
rule; | ||
(3) determine whether, for a rule that includes a | ||
state mandate, the state has provided a source of funding other than | ||
general revenue of the affected political subdivisions to cover the | ||
costs to those political subdivisions to comply with the mandate; | ||
and | ||
(4) for any state mandate identified by the work | ||
group, recommend to the legislature and the state agency that | ||
adopted the rule: | ||
(A) whether the rule should be repealed or | ||
modified to reduce the unfunded impact of the rule on political | ||
subdivisions; and | ||
(B) whether the state should provide a source of | ||
funding to cover the costs to political subdivisions to comply with | ||
the mandate. | ||
(c) This section expires January 1, 2014. | ||
SECTION 8. Section 320.004, Government Code, is repealed. | ||
SECTION 9. This Act takes effect September 1, 2011. |