Bill Text: TX HJR122 | 2019-2020 | 86th 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 expenditure of revenue.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-08 - Left pending in committee [HJR122 Detail]
Download: Texas-2019-HJR122-Introduced.html
| 86R12467 SLB-F | ||
| By: Burns | H.J.R. No. 122 | |
|
|
||
| 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 expenditure of revenue. | ||
| 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) Except as provided by Subsections (b) and (c) | ||
| of this section, a provision of law enacted by the legislature | ||
| through a bill that becomes law on or after January 1, 2020, that | ||
| requires a political subdivision to establish, expand, or modify a | ||
| duty or activity that requires the expenditure of revenue by the | ||
| political subdivision shall provide for one of the following | ||
| methods for the reimbursement to each political subdivision | ||
| affected by the requirement of the estimated cost to the political | ||
| subdivision to comply with the requirement or rules adopted under | ||
| the requirement: | ||
| (1) by appropriating the total estimated cost to all | ||
| political subdivisions affected by the requirement for the period | ||
| that begins on the date the bill takes effect; | ||
| (2) by authorizing or requiring each political | ||
| subdivision affected by the requirement to impose a fee, charge, | ||
| assessment, or similar payment for the express purpose of | ||
| reimbursing the political subdivision for the estimated cost for | ||
| the period that begins on the date the bill takes effect; or | ||
| (3) by otherwise providing from a source other than | ||
| the revenue of a political subdivision for the reimbursement of the | ||
| estimated cost to each affected political subdivision for the | ||
| period that begins on the date the bill takes effect. | ||
| (b) Subsection (a) of this section does not apply to: | ||
| (1) a provision of law that imposes a requirement | ||
| described by that subsection 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 | ||
| (2) a provision of law that imposes a requirement | ||
| described by that subsection 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) A political subdivision entitled to reimbursement under | ||
| Subsection (a) of this section may spend public money for | ||
| membership fees and dues of a nonprofit state association or | ||
| organization of similar political subdivisions only if: | ||
| (1) the association or organization exists for the | ||
| betterment of local government and the benefit of all local | ||
| officials; and | ||
| (2) the association or organization does not: | ||
| (A) employ in any capacity a person required to | ||
| register as a lobbyist under Chapter 305, Government Code; | ||
| (B) directly or indirectly contribute money, | ||
| services, or other thing of value to a political campaign; or | ||
| (C) endorse a candidate or group of candidates | ||
| for public office. | ||
| 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 86th Legislature, | ||
| Regular Session, 2019, 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 expenditure of revenue. | ||
| (b) Section 68, Article III, of this constitution takes | ||
| effect January 1, 2020, and applies only to a provision of law | ||
| enacted by the legislature through a bill that passes during a | ||
| regular or special session of the legislature that is convened on or | ||
| after that date. | ||
| (c) This temporary provision expires January 1, 2021. | ||
| SECTION 3. This proposed constitutional amendment shall be | ||
| submitted to the voters at an election to be held November 5, 2019. | ||
| 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 expenditure of | ||
| revenue." | ||
