Bill Text: TX SJR24 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Proposing a constitutional amendment exempting political subdivisions from unfunded legislative mandates and authorizing the legislature to provide funding for legislative mandates on political subdivisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-23 - Referred to Finance [SJR24 Detail]
Download: Texas-2011-SJR24-Introduced.html
| 82R4525 ACP-D | ||
| By: Watson | S.J.R. No. 24 | |
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| proposing a constitutional amendment exempting political | ||
| subdivisions from unfunded legislative mandates and authorizing | ||
| the legislature to provide funding for legislative mandates on | ||
| political subdivisions. | ||
| BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article III, Texas Constitution, is amended by | ||
| adding Section 68 to read as follows: | ||
| Sec. 68. (a) In this section, "legislative mandate" means | ||
| a statutory provision enacted by the legislature that requires a | ||
| political subdivision to establish, expand, or modify an activity | ||
| in a way that requires an expenditure of revenue that would not have | ||
| been required in the absence of the provision. | ||
| (b) For purposes of this section, a legislative mandate is | ||
| considered to be unfunded during any period for which the | ||
| legislature has not appropriated money, if authorized by this | ||
| constitution to do so, or otherwise provided a source of funding | ||
| other than revenue of the political subdivision that is estimated | ||
| to be sufficient to meet the cost of financing the expenditure, as | ||
| determined by law. The legislature by general law or appropriation | ||
| may provide for reimbursement or other payment of the costs | ||
| incurred by political subdivisions in complying with an unfunded | ||
| legislative mandate. | ||
| (c) A political subdivision is exempt from a legislative | ||
| mandate during a period in which the mandate is unfunded. The | ||
| legislature by general law may authorize a commission or other | ||
| body, which may include members of the legislature, to identify | ||
| legislative mandates and determine whether a legislative mandate is | ||
| considered unfunded for a specific period. | ||
| (d) The legislature by general law may provide a method by | ||
| which an unfunded legislative mandate is suspended or expires. | ||
| (e) This section does not apply to: | ||
| (1) a legislative mandate enacted before January 1, | ||
| 2011; | ||
| (2) a legislative mandate that is necessary to comply | ||
| with a requirement of the Texas Constitution, federal law, or a | ||
| court order; or | ||
| (3) a legislative mandate that creates a criminal | ||
| offense or changes the elements of a criminal offense. | ||
| SECTION 2. This proposed constitutional amendment shall be | ||
| submitted to the voters at an election to be held November 8, 2011. | ||
| The ballot shall be printed to permit voting for or against the | ||
| proposition: "The constitutional amendment exempting political | ||
| subdivisions from unfunded legislative mandates." | ||
