85R1922 KLA-F     By: Creighton S.B. No. 806       A BILL TO BE ENTITLED   AN ACT   relating to a report concerning, and actions by certain state   officers regarding, federal money provided to this state that is   subject to a coercive federal condition.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 322, Government Code, is amended by   adding Section 322.0083 to read as follows:          Sec. 322.0083.  REPORT ON FEDERAL MONEY SUBJECT TO COERCIVE   FEDERAL CONDITION. (a) In this section, "coercive federal   condition" means a condition in a category described by Subsection   (c)(3) that is imposed by the federal government as a condition on   this state's receipt of federal money.          (b)  The Legislative Budget Board shall prepare a report   concerning federal money provided, or to be provided, to this state   that is:                (1)  included as a method of finance in the general   appropriations act for a state fiscal biennium that becomes law;   and                (2)  subject to a coercive federal condition.          (c)  The report under this section must include:                (1)  a detailed description of each federal agency,   program, or other source from or through which this state has   received or will receive more than $5 million of federal money   described by Subsection (b) for use during the state fiscal   biennium covered by the general appropriations act in which the   money is included as a method of finance;                (2)  with respect to each source identified in   Subdivision (1) and based on federal law and any administrative   guidance issued with respect to that federal law, a detailed   description of each condition that must be met for this state to   receive or continue to receive the federal money from that source;   and                 (3)  a classification of the conditions described as   required by Subdivision (2) according to the following categories:                      (A)  conditions that prescribe the manner in which   the federal money must be spent;                      (B)  conditions that prescribe the manner in which   any related state or local money must be spent, including any   maintenance of effort or similar requirement; and                      (C)  conditions that relate to policy or other   matters other than prescribing the manner in which federal, state,   or local money must be spent.          (d)  The Legislative Budget Board shall provide the report   required by this section to the legislature, the governor, and the   attorney general not later than the 90th day after the last day of   the regular or special legislative session during which the   legislature enacts the general appropriations act on which the   report is based.          SECTION 2.  Subchapter F, Chapter 401, Government Code, is   amended by adding Section 401.106 to read as follows:          Sec. 401.106.  INTERSTATE COORDINATION REGARDING FEDERAL   MONEY SUBJECT TO COERCIVE FEDERAL CONDITION. (a) In this section,   "coercive federal condition" has the meaning assigned by Section   322.0083.          (b)  It is the policy of this state that this state should   collaborate with other states to terminate states' participation in   any federal program under which states receive federal money   subject to a coercive federal condition and, if necessary,   substitute a state program that reflects the preferences of   residents of the affected state.          (c)  The governor shall consult with the governors of other   states to develop a coordinated approach consistent with the policy   under Subsection (b) for addressing issues relating to federal   money subject to a coercive federal condition that is provided to   the states by the federal government.          SECTION 3.  Subchapter B, Chapter 402, Government Code, is   amended by adding Section 402.0211 to read as follows:          Sec. 402.0211.  REPRESENTATION OF STATE IN MATTERS INVOLVING   FEDERAL MONEY SUBJECT TO COERCIVE FEDERAL CONDITION. (a) In this   section, "coercive federal condition" has the meaning assigned by   Section 322.0083.          (b)  It is the policy of this state that the provision to this   state by the federal government of federal money that is subject to   a coercive federal condition is:                (1)  unconstitutional under the United States   Constitution;                (2)  incompatible with the structure of the   relationship between the federal government and states as outlined   in the United States Constitution; and                (3)  incompatible with the guarantee in the United   States Constitution of a democratic representative form of   government for the states.          (c)  Consistent with the policy of this state provided by   Subsection (b), the attorney general may file an action in the name   of this state in a federal court to enjoin the enforcement of a   coercive federal condition applicable to federal money this state   receives.          SECTION 4.  Notwithstanding Section 322.0083(d), Government   Code, as added by this Act, the Legislative Budget Board shall   provide the initial report required by that section to the   legislature, the governor, and the attorney general not later than:                (1)  September 1, 2017, if the legislature enacts the   general appropriations act for the state fiscal biennium beginning   September 1, 2017, during the 85th Regular Session and the act   becomes law; or                (2)  the 90th day after the last day of a special   legislative session of the 85th Legislature during which that   legislature enacts the general appropriations act for the state   fiscal biennium beginning September 1, 2017, if that act becomes   law.          SECTION 5.  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, 2017.