State Codes and Statutes
Statutes > Texas > Government-code > Title-3-legislative-branch > Chapter-320-unfunded-mandates-on-political-subdivisions
GOVERNMENT CODE
TITLE 3. LEGISLATIVE BRANCH
SUBTITLE B. LEGISLATION
CHAPTER 320. UNFUNDED MANDATES ON POLITICAL SUBDIVISIONS
Sec. 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, Sec. 1, eff. June 16,
1997. Amended by Acts 1999, 76th Leg., ch. 864, Sec. 1, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., ch. 785, Sec. 1, eff. Sept.
1, 2003.
Sec. 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subject to reimbursement, and those that are no longer in effect;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, Sec. 1, eff. June 16,
1997. Amended by Acts 1999, 76th Leg., ch. 864, Sec. 2, eff.
Sept. 1, 1999.
Sec. 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, Sec. 1, eff. June 16,
1997.
State Codes and Statutes
Statutes > Texas > Government-code > Title-3-legislative-branch > Chapter-320-unfunded-mandates-on-political-subdivisions
GOVERNMENT CODE
TITLE 3. LEGISLATIVE BRANCH
SUBTITLE B. LEGISLATION
CHAPTER 320. UNFUNDED MANDATES ON POLITICAL SUBDIVISIONS
Sec. 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, Sec. 1, eff. June 16,
1997. Amended by Acts 1999, 76th Leg., ch. 864, Sec. 1, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., ch. 785, Sec. 1, eff. Sept.
1, 2003.
Sec. 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, Sec. 1, eff. June 16,
1997. Amended by Acts 1999, 76th Leg., ch. 864, Sec. 2, eff.
Sept. 1, 1999.
Sec. 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, Sec. 1, eff. June 16,
1997.
State Codes and Statutes
Statutes >
Texas >
Government-code >
Title-3-legislative-branch >
Chapter-320-unfunded-mandates-on-political-subdivisions GOVERNMENT CODE
TITLE 3. LEGISLATIVE BRANCH
SUBTITLE B. LEGISLATION
CHAPTER 320. UNFUNDED MANDATES ON POLITICAL SUBDIVISIONS
Sec. 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, Sec. 1, eff. June 16,
1997. Amended by Acts 1999, 76th Leg., ch. 864, Sec. 1, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., ch. 785, Sec. 1, eff. Sept.
1, 2003.
Sec. 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, Sec. 1, eff. June 16,
1997. Amended by Acts 1999, 76th Leg., ch. 864, Sec. 2, eff.
Sept. 1, 1999.
Sec. 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, Sec. 1, eff. June 16,
1997.
Loading..
Close Window
Loading, Please Wait!
This may take a second or two.
