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A BILL TO BE ENTITLED
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AN ACT
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relating to the identification of and provision of assistance to |
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colonias and for tracking the progress of certain state-funded |
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projects that benefit colonias. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 405.021(a), (c), (d), and (e), |
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Government Code, as added by Chapter 828, Acts of the 79th |
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Legislature, Regular Session, 2005, are amended to read as follows: |
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(a) In this section, "colonia" means a geographic area that: |
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(1) is an economically distressed area as defined by |
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Section 17.921, Water Code; [and] |
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(2) is located in a county any part of which is within |
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62 miles of an international border; and |
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(3) is inhabited by 11 or more persons. |
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(c) The secretary of state shall compile information |
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received from the Office of Rural Community Affairs, the Texas |
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Water Development Board, the Texas Transportation Commission, the |
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Texas Department of Housing and Community Affairs, the Department |
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of State Health Services, the Texas Higher Education Coordinating |
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Board, the Texas Commission on Environmental Quality, and any other |
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agency considered appropriate by the secretary of state for |
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purposes of the classification system. |
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(d) The secretary of state shall compile information on |
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colonias that is received from the colonia ombudspersons |
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[ombudsmen] under Section 775.004. |
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(e) The secretary of state shall: |
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(1) with the assistance of the office of the attorney |
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general, prepare a report on the progress of state-funded projects |
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in providing water or wastewater services, paved roads, and other |
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assistance to colonias; and |
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(2) submit the report to the presiding officer of each |
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house of the legislature not later than: |
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(A) December 1 of each even-numbered year, if |
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funds are appropriated specifically for the purpose of preparing |
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and submitting the report; or |
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(B) if funds are not appropriated as described by |
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Paragraph (A), December 1, 2008, and December 1 of every fourth year |
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following that date. |
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SECTION 2. Section 487.060, Government Code, as added by |
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Chapter 828, Acts of the 79th Legislature, Regular Session, 2005, |
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is amended to read as follows: |
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Sec. 487.060. REPORT TO SECRETARY OF STATE. (a) In this |
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section, "colonia" means a geographic area that: |
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(1) is an economically distressed area as defined by |
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Section 17.921, Water Code; [and] |
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(2) is located in a county any part of which is within |
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62 miles of an international border; and |
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(3) is inhabited by 11 or more persons. |
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(b) To assist the secretary of state in preparing the report |
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required under Section 405.021, the office on a quarterly basis |
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shall provide a report to the secretary of state detailing any |
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projects funded by the office that serve colonias by providing |
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water or wastewater services, paved roads, or other assistance. |
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(c) The report must include: |
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(1) a description of any relevant projects; |
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(2) the location of each project; |
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(3) the number of colonia residents served by each |
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project; |
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(4) the exact amount spent [cost] or the anticipated |
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amount to be spent on each colonia served by [cost of] each project; |
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(5) a statement of whether each project is completed |
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and, if not, the expected completion date of the project; and |
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(6) any other information, as determined appropriate |
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by the secretary of state. |
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(d) The office may not release project funds unless each |
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political subdivision in which a project is located submits to the |
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office the most recent demographic information relating to each |
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colonia served by the project. |
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SECTION 3. Section 775.001(2), Government Code, is amended |
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to read as follows: |
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(2) "Colonia" means a geographic area that: |
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(A) is an economically distressed area as defined |
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by Section 17.921, Water Code, and is inhabited by 11 or more |
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persons; and |
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(B) is: |
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(i) located in a county any part of which is |
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within 50 miles of an international border; or |
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(ii) located in a county: |
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(a) any part of which is within 100 |
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miles of an international border; and |
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(b) that contains the majority of the |
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area of a municipality with a population of more than 250,000. |
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SECTION 4. Section 775.003, Government Code, as added by |
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Chapter 708, Acts of the 79th Legislature, Regular Session, 2005, |
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is amended to read as follows: |
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Sec. 775.003. COLONIA OMBUDSPERSON [OMBUDSMAN] PROGRAM. |
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The colonia initiatives coordinator shall [may] appoint a colonia |
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ombudsperson [ombudsman] in: |
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(1) each of the six border counties that the |
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coordinator determines have the largest colonia populations; and |
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(2) each additional county any part of which is within |
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100 miles of an international border and that contains the majority |
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of the area of a municipality with a population of more than |
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250,000. |
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SECTION 5. Section 775.004, Government Code, as added by |
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Chapter 828, Acts of the 79th Legislature, Regular Session, 2005, |
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is amended to read as follows: |
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Sec. 775.004. INFORMATION ON COLONIAS. (a) The colonia |
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ombudspersons [ombudsmen] shall gather information about the |
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colonias in the counties for which the ombudspersons [ombudsmen] |
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were appointed and provide the information to the secretary of |
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state, to assist the secretary of state in preparing the report |
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required under Section 405.021. |
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(b) To the extent possible, the ombudspersons [ombudsmen] |
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shall gather information regarding: |
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(1) the platting of each colonia; |
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(2) the infrastructure of each colonia; |
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(3) the availability of health care services; |
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(4) the availability of financial assistance; and |
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(5) any other appropriate topic as requested by the |
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secretary of state. |
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(c) The ombudspersons [ombudsmen] shall provide the |
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information to the secretary of state not later than September 1 of |
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each even-numbered year. |
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SECTION 6. Section 1403.002(d), Government Code, is amended |
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to read as follows: |
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(d) The commission, in cooperation with the office of the |
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governor, shall: |
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(1) define by rule "border colonia" as a geographic |
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area inhabited by 11 or more persons, subject to any other criteria |
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considered appropriate by the commission and the office of the |
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governor; |
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(2) establish by rule criteria for selecting which |
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areas and which colonia access roadway projects are eligible for |
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assistance under this chapter; |
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(3) determine the counties and the colonia access |
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roadway projects that are to receive financial assistance and the |
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amount of assistance given to a county or project; |
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(4) establish by rule minimum road standards a |
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county's colonia access roadway proposal must meet to be awarded a |
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grant; |
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(5) establish by rule grant application procedures; |
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and |
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(6) establish by rule financial reporting |
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requirements for counties that receive assistance for colonia |
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access roadway projects to serve border colonias. |
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SECTION 7. Section 2306.083, Government Code, is amended to |
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read as follows: |
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Sec. 2306.083. REPORT TO SECRETARY OF STATE. (a) In this |
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section, "colonia" means a geographic area that: |
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(1) is an economically distressed area as defined by |
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|
Section 17.921, Water Code; [and] |
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(2) is located in a county any part of which is within |
|
|
62 miles of an international border; and |
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(3) is inhabited by 11 or more persons. |
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(b) To assist the secretary of state in preparing the report |
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|
required under Section 405.021, the board on a quarterly basis |
|
|
shall provide a report to the secretary of state detailing any |
|
|
projects funded by the department that provide assistance to |
|
|
colonias. |
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(c) The report must include: |
|
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(1) a description of any relevant projects; |
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(2) the location of each project; |
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(3) the number of colonia residents served by each |
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project; |
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(4) the exact amount spent [cost] or the anticipated |
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amount to be spent on each colonia served by [cost of] each project; |
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(5) a statement of whether each project is completed |
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and, if not, the expected completion date of the project; and |
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(6) any other information, as determined appropriate |
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by the secretary of state. |
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(d) The department may not release project funds unless each |
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political subdivision in which a project is located submits to the |
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department the most recent demographic information relating to each |
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colonia served by the project. |
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SECTION 8. Section 2306.581(1), Government Code, is amended |
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to read as follows: |
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(1) "Colonia" means a geographic area that is located |
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in a county some part of which is within 150 miles of the |
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international border of this state, that is inhabited by 11 or more |
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persons, and that: |
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(A) has a majority population composed of |
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individuals and families of low income and very low income, based on |
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the federal Office of Management and Budget poverty index, and |
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meets the qualifications of an economically distressed area under |
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Section 17.921, Water Code; or |
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(B) has the physical and economic |
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characteristics of a colonia, as determined by the department. |
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SECTION 9. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.9201 to read as follows: |
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Sec. 51.9201. ALTERNATIVE TECHNOLOGY FOR COLONIAS. An |
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institution of higher education as defined by Section 61.003 that |
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has a program in the area of community, rural, or urban development |
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shall create partnerships with governmental agencies and counties |
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to implement programs, policies, and strategies to develop |
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alternative technologies to assist colonias that have inadequate |
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water or sewer systems. |
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SECTION 10. Subchapter C, Chapter 61, Education Code, is |
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amended by adding Section 61.0812 to read as follows: |
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Sec. 61.0812. REPORT TO SECRETARY OF STATE. (a) In this |
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section, "colonia" means a geographic area that: |
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(1) is an economically distressed area as defined by |
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Section 17.921, Water Code; |
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(2) is located in a county any part of which is within |
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62 miles of an international border; and |
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(3) is inhabited by 11 or more persons. |
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(b) To assist the secretary of state in preparing the report |
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required under Section 405.021, Government Code, the board on a |
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quarterly basis shall provide a report to the secretary of state |
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detailing any projects funded by an institution of higher education |
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that provide assistance to colonias. |
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(c) The report must include: |
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(1) a description of any relevant projects; |
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(2) the location of each project; |
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(3) the number of colonia residents served by each |
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project; |
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(4) the exact amount spent or the anticipated amount |
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to be spent on each colonia served by each project; |
|
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(5) a statement of whether each project is completed |
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and, if not, the expected completion date of the project; and |
|
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(6) any other information, as determined appropriate |
|
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by the secretary of state. |
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(d) An institution of higher education may not release |
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project funds unless each political subdivision in which a project |
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is located submits to the board the most recent demographic |
|
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information relating to each colonia served by the project. |
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SECTION 11. Subchapter E, Chapter 5, Water Code, is amended |
|
|
by adding Section 5.1781 to read as follows: |
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Sec. 5.1781. REPORT TO SECRETARY OF STATE. (a) In this |
|
|
section, "colonia" means a geographic area that: |
|
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(1) is an economically distressed area as defined by |
|
|
Section 17.921, Water Code; |
|
|
(2) is located in a county any part of which is within |
|
|
62 miles of an international border; and |
|
|
(3) is inhabited by 11 or more persons. |
|
|
(b) To assist the secretary of state in preparing the report |
|
|
required under Section 405.021, Government Code, the commission on |
|
|
a quarterly basis shall provide a report to the secretary of state |
|
|
detailing any projects funded by the commission that provide |
|
|
assistance to colonias. |
|
|
(c) The report must include: |
|
|
(1) a description of any relevant projects; |
|
|
(2) the location of each project; |
|
|
(3) the number of colonia residents served by each |
|
|
project; |
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(4) the exact amount spent or the anticipated amount |
|
|
to be spent on each colonia served by each project; |
|
|
(5) a statement of whether each project is completed |
|
|
and, if not, the expected completion date of the project; and |
|
|
(6) any other information, as determined appropriate |
|
|
by the secretary of state. |
|
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(d) The commission may not release project funds unless each |
|
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political subdivision in which a project is located submits to the |
|
|
commission the most recent demographic information relating to each |
|
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colonia served by the project. |
|
|
SECTION 12. Section 6.1565, Water Code, is amended to read |
|
|
as follows: |
|
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Sec. 6.1565. REPORT TO SECRETARY OF STATE. (a) In this |
|
|
section, "colonia" means a geographic area that: |
|
|
(1) is an economically distressed area as defined by |
|
|
Section 17.921; [and] |
|
|
(2) is located in a county any part of which is within |
|
|
62 miles of an international border; and |
|
|
(3) is inhabited by 11 or more persons. |
|
|
(b) To assist the secretary of state in preparing the report |
|
|
required under Section 405.021, Government Code, the board on a |
|
|
quarterly basis shall provide a report to the secretary of state |
|
|
detailing any projects funded by the board that serve colonias by |
|
|
providing water or wastewater services or other assistance. |
|
|
(c) The report must include: |
|
|
(1) a description of any relevant projects; |
|
|
(2) the location of each project; |
|
|
(3) the number of colonia residents served by each |
|
|
project; |
|
|
(4) the exact amount spent [cost] or the anticipated |
|
|
amount to be spent on each colonia served by [cost of] each project; |
|
|
(5) a statement of whether each project is completed |
|
|
and, if not, the expected completion date of the project; and |
|
|
(6) any other information, as determined appropriate |
|
|
by the secretary of state. |
|
|
(d) The board may not release project funds unless each |
|
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political subdivision in which a project is located submits to the |
|
|
board the most recent demographic information relating to each |
|
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colonia served by the project. |
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SECTION 13. Section 15.001(12), Water Code, is amended to |
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read as follows: |
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(12) "Nonborder colonia" means a residential |
|
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community: |
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(A) located in an unincorporated area of a county |
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|
all parts of which are at least 150 miles from the international |
|
|
border of this state; |
|
|
(B) in which water or wastewater services are |
|
|
inadequate to meet minimal needs of residential users as defined by |
|
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board rules; [and] |
|
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(C) in which the average household income is less |
|
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than the average household income for the county in which the |
|
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community is located; and |
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(D) inhabited by 11 or more persons. |
|
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SECTION 14. Section 15.951(2), Water Code, is amended to |
|
|
read as follows: |
|
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(2) "Colonia" means a geographic area that: |
|
|
(A) is an economically distressed area as defined |
|
|
by Section 17.921; [and] |
|
|
(B) is located in a county any part of which is |
|
|
within 50 miles of an international border; and |
|
|
(C) is inhabited by 11 or more persons. |
|
|
SECTION 15. Section 1001.033, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 1001.033. REPORT TO SECRETARY OF STATE. (a) In this |
|
|
section, "colonia" means a geographic area that: |
|
|
(1) is an economically distressed area as defined by |
|
|
Section 17.921, Water Code; [and] |
|
|
(2) is located in a county any part of which is within |
|
|
62 miles of an international border; and |
|
|
(3) is inhabited by 11 or more persons. |
|
|
(b) To assist the secretary of state in preparing the report |
|
|
required under Section 405.021, Government Code, the commissioner |
|
|
on a quarterly basis shall provide a report to the secretary of |
|
|
state detailing any projects funded by the department that provide |
|
|
assistance to colonias. |
|
|
(c) The report must include: |
|
|
(1) a description of any relevant projects; |
|
|
(2) the location of each project; |
|
|
(3) the number of colonia residents served by each |
|
|
project; |
|
|
(4) the exact amount spent [cost] or the anticipated |
|
|
amount to be spent on each colonia served by [cost of] each project; |
|
|
(5) a statement of whether each project is completed |
|
|
and, if not, the expected completion date of the project; and |
|
|
(6) any other information, as determined appropriate |
|
|
by the secretary of state. |
|
|
(d) The commission may not release project funds unless each |
|
|
political subdivision in which a project is located submits to the |
|
|
commission the most recent demographic information relating to each |
|
|
colonia served by the project. |
|
|
SECTION 16. Section 201.116, Transportation Code, is |
|
|
amended to read as follows: |
|
|
Sec. 201.116. REPORT TO SECRETARY OF STATE. (a) In this |
|
|
section, "colonia" means a geographic area that: |
|
|
(1) is an economically distressed area as defined by |
|
|
Section 17.921, Water Code; [and] |
|
|
(2) is located in a county any part of which is within |
|
|
62 miles of an international border; and |
|
|
(3) is inhabited by 11 or more persons. |
|
|
(b) To assist the secretary of state in preparing the report |
|
|
required under Section 405.021, Government Code, the commission on |
|
|
a quarterly basis shall provide a report to the secretary of state |
|
|
detailing any projects funded by the department that serve colonias |
|
|
by providing paved roads or other assistance. |
|
|
(c) The report must include: |
|
|
(1) a description of any relevant projects; |
|
|
(2) the location of each project; |
|
|
(3) the number of colonia residents served by each |
|
|
project; |
|
|
(4) the exact amount spent [cost] or the anticipated |
|
|
amount to be spent on each colonia served by [cost of] each project; |
|
|
(5) a statement of whether each project is completed |
|
|
and, if not, the expected completion date of the project; and |
|
|
(6) any other information, as determined appropriate |
|
|
by the secretary of state. |
|
|
(d) The commission may not release project funds unless each |
|
|
political subdivision in which a project is located submits to the |
|
|
commission the most recent demographic information relating to each |
|
|
colonia served by the project. |
|
|
SECTION 17. Section 43.907(a), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(a) In this section, "colonia" means a geographic area that |
|
|
is inhabited by 11 or more persons and that: |
|
|
(1) [that] has a majority population composed of |
|
|
individuals and families of low income and very low income, as |
|
|
defined by Section 2306.004, Government Code, and based on the |
|
|
federal Office of Management and Budget poverty index, and that |
|
|
meets the qualifications of an economically distressed area under |
|
|
Section 17.921, Water Code; or |
|
|
(2) [that] has the physical and economic |
|
|
characteristics of a colonia, as determined by the Texas Department |
|
|
of Housing and Community Affairs. |
|
|
SECTION 18. Section 775.003, Government Code, as added by |
|
|
Chapter 828, Acts of the 79th Legislature, Regular Session, 2005, |
|
|
is repealed. |
|
|
SECTION 19. 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, 2007. |