Bill Text: TX HJR116 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Proposing a constitutional amendment to require the legislature to provide for the reimbursement of certain political subdivisions for the implementation of laws that establish, expand, or modify a duty or activity that requires the political subdivisions to spend revenue.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-15 - Referred to State Affairs [HJR116 Detail]
Download: Texas-2021-HJR116-Introduced.html
87R9691 BRG-F | ||
By: Burns | H.J.R. No. 116 |
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proposing a constitutional amendment to require the legislature to | ||
provide for the reimbursement of certain political subdivisions for | ||
the implementation of laws that establish, expand, or modify a duty | ||
or activity that requires the political subdivisions to spend | ||
revenue. | ||
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article III, Texas Constitution, is amended by | ||
adding Section 71 to read as follows: | ||
Sec. 71. (a) Except as provided by Subsections (b) and (c) | ||
of this section, a state law enacted through a bill that takes | ||
effect on or after January 1, 2022, and that requires a political | ||
subdivision to establish, expand, or modify a duty or activity that | ||
requires the political subdivision to spend revenue must provide | ||
for reimbursement to each political subdivision affected by the | ||
requirement in an amount equal to the estimated cost to the | ||
political subdivision to comply with the requirement or rules | ||
adopted under the requirement. The law may provide for | ||
reimbursement by: | ||
(1) appropriating an amount of money equal to the | ||
estimated cost to each political subdivision affected by the | ||
requirement; | ||
(2) authorizing or requiring each political | ||
subdivision affected by the requirement to impose a fee, charge, | ||
assessment, or similar payment to reimburse the political | ||
subdivision for the estimated cost; or | ||
(3) otherwise providing from a source other than the | ||
revenue of a political subdivision for the reimbursement of the | ||
estimated cost to the affected political subdivision. | ||
(b) Subsection (a) of this section does not apply to: | ||
(1) a law that imposes a requirement only on one or | ||
more of the following political subdivisions: | ||
(A) an independent school district; | ||
(B) a junior college district; or | ||
(C) a political subdivision that employs in any | ||
capacity a person required to register as a lobbyist under Chapter | ||
305, Government Code, or a successor requirement; or | ||
(2) a law that imposes a requirement that is required | ||
to be enacted by: | ||
(A) this constitution; | ||
(B) the United States Constitution; | ||
(C) a federal law; or | ||
(D) an order of a state or federal court. | ||
(c) Subsection (a) of this section is not effective unless | ||
the legislature by general law has prescribed procedural | ||
requirements applicable to the consideration of a bill described by | ||
Subsection (a) of this section, including requirements related to: | ||
(1) identifying each bill that includes a requirement | ||
described by Subsection (a) of this section; and | ||
(2) providing the fiscal implications and probable | ||
cost of each bill described by Subsection (a) of this section to the | ||
members of the legislature. | ||
(d) Notwithstanding Subsection (b) of this section, a | ||
political subdivision is entitled to reimbursement under | ||
Subsection (a) of this section regardless of whether the political | ||
subdivision spends public money for membership fees and dues of a | ||
nonprofit state association or organization of similar political | ||
subdivisions that exists for the betterment of local government and | ||
the benefit of all local officials. | ||
SECTION 2. The following temporary provision is added to | ||
the Texas Constitution: | ||
TEMPORARY PROVISION. (a) This temporary provision applies | ||
to the constitutional amendment proposed by the 87th Legislature, | ||
Regular Session, 2021, to require the legislature to provide for | ||
the reimbursement of certain political subdivisions for the | ||
implementation of laws that establish, expand, or modify a duty or | ||
activity that requires the political subdivisions to spend revenue. | ||
(b) Section 71, Article III, of this constitution takes | ||
effect January 1, 2022, and applies only to a state law enacted | ||
through a bill in a regular or special session of the legislature | ||
that is convened on or after that date. | ||
(c) This temporary provision expires January 1, 2023. | ||
SECTION 3. This proposed constitutional amendment shall be | ||
submitted to the voters at an election to be held November 2, 2021. | ||
The ballot shall be printed to permit voting for or against the | ||
proposition: "The constitutional amendment to require the | ||
legislature to provide for the reimbursement of certain political | ||
subdivisions for the implementation of laws that establish, expand, | ||
or modify a duty or activity that requires the political | ||
subdivisions to spend revenue." |