2005 Texas Government Code CHAPTER 320. UNFUNDED MANDATES ON POLITICAL SUBDIVISIONS

GOVERNMENT CODE

CHAPTER 320. UNFUNDED MANDATES ON POLITICAL SUBDIVISIONS


	§ 320.001. DEFINITION.  In this chapter, "" mandate"' 
means a requirement made by a statute enacted by the legislature on 
or after January 1, 1997, 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.

Added by Acts 1997, 75th Leg., ch. 673, § 1, eff. June 16, 1997.  
Amended by Acts 1999, 76th Leg., ch. 864, § 1, eff. Sept. 1, 
1999;  Acts 2003, 78th Leg., ch. 785, § 1, eff. Sept. 1, 2003.


	§ 320.003. LIST OF UNFUNDED MANDATES.  (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 a 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 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longer subject to reimbursement, and those that are no longer in 
effect;  and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 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)  by statute enacted by a record vote of two-thirds 
of the members elected to each house expressly provides 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)  not included in the appropriate list of mandates 
published by the interagency work group under this section;
		(2)  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;
		(3)  approved by the voters of this state at a general 
election;  or        
		(4)  affecting employee pensions and benefits.                                

Added by Acts 1997, 75th Leg., ch. 673, § 1, eff. June 16, 1997.  
Amended by Acts 1999, 76th Leg., ch. 864, § 2, eff. Sept. 1, 
1999.


	§ 320.004. REVIEW OF UNFUNDED MANDATES.  (a) Before 
September 1 of the even-numbered year before the third anniversary 
of the date of enactment of a mandate identified by the interagency 
work group under Section 320.003, the interagency work group shall:
		(1)  review the legislative history of the mandate;                           
		(2)  conduct an evaluation on the benefits of the 
mandate and the costs of the mandate on affected political 
subdivisions;  and
		(3)  present a written report to the legislature and 
the governor on the interagency work group's findings.
	(b)  During the regular session immediately following the 
issuance of a report under Subsection (a), the legislature by law 
may continue the mandate for a period not to exceed three years, by 
law may repeal the mandate, or may take no action on the mandate.

Added by Acts 1997, 75th Leg., ch. 673, § 1, eff. June 16, 1997.