SB73 - Relating to the creation and duties of the unfunded mandates interagency work group.

  89R334 MP-F     By: Zaffirini S.B. No. 73       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, 2025   [ 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 collaborate   with 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.  Notwithstanding Section 320.003, Government   Code, as added by this Act, the unfunded mandates interagency work   group is not required to publish a report under that section for a   legislative session beginning before September 1, 2025, until the   later of September 1, 2025, or the 90th day after the effective date   of this Act.          SECTION 4.  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, 2025.