Bill Text: TX SB61 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the creation and duties of the unfunded mandates interagency work group.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-03-03 - Referred to Finance [SB61 Detail]

Download: Texas-2021-SB61-Introduced.html
  87R2424 MP-F
 
  By: Zaffirini S.B. No. 61
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation and duties of the unfunded mandates
  interagency work group.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 320.001, Government Code, is amended to
  read as follows:
         Sec. 320.001.  DEFINITIONS [DEFINITION]. In this chapter:
               (1)  "Interagency work group" means the unfunded
  mandates interagency work group.
               (2)  "Mandate" [, "mandate"] means a requirement made
  by a statute enacted by the legislature on or after January 1, 2021
  [1997], that requires a political subdivision to establish, expand,
  or modify a duty or [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.
         SECTION 2.  Chapter 320, Government Code, is amended by
  adding Sections 320.002 and 320.003 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.
         Sec. 320.003.  ADVISORY LIST OF UNFUNDED MANDATES.  (a)  Not
  later than the September 1 following a regular session of the
  legislature and not later than the 90th day after the last day of a
  special session of the legislature, the interagency work group
  shall publish an advisory list of mandates for which the
  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.
         (b)  A mandate is considered to be a mandate for which the
  legislature has provided reimbursement if the legislature:
               (1)  expressly provides by statute enacted by a record
  vote of two-thirds of the members elected to each house that the
  mandate is not subject to reimbursement under this section; or
               (2)  appropriates or otherwise provides for the payment
  or reimbursement, from a source other than revenue of the political
  subdivision, of the costs incurred in the calendar year by the
  political subdivision in complying with the mandate.
         (c)  This section does not apply to a mandate:
               (1)  imposed by the legislature or a state agency to
  comply with a requirement of the Texas Constitution, federal law,
  or a court order or to maximize the receipt of federal funds by the
  state in areas such as education, health and human services, and
  criminal justice;
               (2)  approved by the voters of this state at a general
  election; or
               (3)  affecting employee pensions and benefits.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.
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