84R14526 JAM-D

By: Lucio S.B. No. 1670

A BILL TO BE ENTITLED

AN ACT

relating to the provision of affordable housing in colonias, rural communities, and small municipalities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. HOUSING IN COLONIAS, RURAL COMMUNITIES, AND SMALL

MUNICIPALITIES

SECTION 1.01. Sections 775.002(a) and (b), Government Code, are amended to read as follows:

(a) Contingent on the legislature's appropriation of sufficient funds, the Department of Agriculture shall [The governor may] designate an office within the department to focus on matters relating to colonias. The designated office shall [an agency to] act as the state's colonia initiatives coordinator.

(b) The [If appointed under Subsection (a), the] colonia initiatives coordinator shall coordinate colonia initiatives within the Department of Agriculture [agency] and with the other agencies and local officials involved in colonia projects in the state.

SECTION 1.02. Section 405.021, Government Code, is transferred to Chapter 12, Agriculture Code, redesignated as Section 12.050, Agriculture Code, and amended to read as follows:

Sec. 12.050 [405.021]. REPORT ON STATE-FUNDED PROJECTS SERVING COLONIAS. (a) In this section, "colonia" means a geographic area that:

(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) consists of 11 or more dwellings that are located in close proximity to each other in an area that may be described as a community or neighborhood.

(b) Based on information provided under Subsections (c) and (d), the department [secretary of state] shall establish and maintain a classification system that allows the department [secretary of state] to track the progress of state-funded projects in providing water or wastewater services, paved roads, and other assistance to colonias.

(c) The department [secretary of state] shall compile information received from offices within the department, the Texas Department of Rural Affairs, the Texas Water Development Board, the Texas Transportation Commission, the Texas Department of Housing and Community Affairs, the Department of State Health Services, the Texas Commission on Environmental Quality, the Health and Human Services Commission, the Texas Cooperative Extension, councils of governments, an institution of higher education that receives funding from the state for projects that provide assistance to colonias, and any other agency considered appropriate by the department [secretary of state] for purposes of the classification system.

(d) The department [secretary of state] shall compile information on colonias that is received from the colonia ombudspersons under Section 775.004.

(e) The department [secretary of state] shall:

(1) with the assistance of the office of the attorney general, prepare a report on the progress of state-funded projects in providing water or wastewater services, paved roads, and other assistance to colonias; and

(2) submit the report to the presiding officer of each house of the legislature not later than:

(A) December 1 of each even-numbered year, if funds are appropriated specifically for the purpose of preparing and submitting the report; or

(B) if funds are not appropriated as described by Paragraph (A), December 1, 2010, and December 1 of every fourth year following that date.

(f) The report to the legislature must include a list of colonias with the highest health risk to colonia residents, based on factors identified by the department [secretary of state].

(g) In conjunction with the establishment of the classification system required by this section, the department [secretary of state] shall establish and maintain a statewide system for identifying colonias.

(g-1) A system described by Subsection (g):

(1) must include a method for a municipality or county, on a form prescribed by the department [secretary of state], to nominate an area for identification as a colonia; and

(2) may provide for the review of a nominated area by the Texas Water Development Board, the office of the attorney general, or any other appropriate state agency as determined by the department [secretary of state].

(h) The department [secretary of state] may contract with a third party to develop the classification system or the identification system or to compile or maintain the relevant information required by this section.

ARTICLE 2. CONFORMING AMENDMENTS

SECTION 2.01. The heading to Section 51.0052, Education Code, is amended to read as follows:

Sec. 51.0052. REPORT TO DEPARTMENT OF AGRICULTURE [SECRETARY OF STATE].

SECTION 2.02. Sections 51.0052(b), (c), and (d), Education Code, are amended to read as follows:

(b) To assist the Department of Agriculture [secretary of state] in preparing the report required under Section 12.050 [405.021], Agriculture [Government] Code, an institution of higher education on a quarterly basis shall provide a report to the Department of Agriculture [secretary of state] detailing any projects funded by the institution of higher education 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 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 Department of Agriculture [secretary of state].

(d) The institution of higher education shall require an applicant for funds administered by the institution to submit to the institution a colonia classification number, if one exists, for each colonia that may be served by the project proposed in the application. If a colonia does not have a classification number, the institution of higher education may contact the Department of Agriculture [secretary of state or the secretary of state's representative] to obtain the classification number. On request of the institution, the Department of Agriculture [secretary of state or the secretary of state's representative] shall assign a classification number to the colonia.

SECTION 2.03. The heading to Section 531.0141, Government Code, is amended to read as follows:

Sec. 531.0141. REPORT TO DEPARTMENT OF AGRICULTURE [SECRETARY OF STATE].

SECTION 2.04. Sections 531.0141(b), (c), and (d), Government Code, are amended to read as follows:

(b) To assist the Department of Agriculture [secretary of state] in preparing the report required under Section 12.050, Agriculture Code [405.021], the commission, on an annual basis, shall provide a report to the Department of Agriculture [secretary of state] detailing any projects funded by the commission that provide assistance to colonias. The Department of Agriculture [secretary of state] may prescribe the date on which the report required under this section is due.

(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 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 Department of Agriculture [secretary of state].

(d) The commission shall require an applicant for funds administered by the commission to submit to the commission a colonia classification number, if one exists, for each colonia that may be served by the project proposed in the application. If a colonia does not have a classification number, the commission may contact the Department of Agriculture [secretary of state or the secretary of state's representative] to obtain the classification number. On request of the commission, the Department of Agriculture [secretary of state or the secretary of state's representative] shall assign a classification number to the colonia.

SECTION 2.05. Sections 775.004(a), (b), and (c), Government Code, are amended to read as follows:

(a) The colonia ombudspersons shall gather information about the colonias in the counties for which the ombudspersons were appointed and provide the information to the Department of Agriculture [secretary of state], to assist the Department of Agriculture [secretary of state] in preparing the report required under Section 12.050, Agriculture Code [405.021].

(b) To the extent possible, the ombudspersons shall gather information regarding:

(1) the platting of each colonia;

(2) the infrastructure of each colonia;

(3) the availability of health care services;

(4) the availability of financial assistance; and

(5) any other appropriate topic as requested by the Department of Agriculture [secretary of state].

(c) The ombudspersons shall provide the information to the Department of Agriculture [secretary of state] not later than September 1 of each even-numbered year.

SECTION 2.06. The heading to Section 2306.083, Government Code, is amended to read as follows:

Sec. 2306.083. REPORT TO DEPARTMENT OF AGRICULTURE [SECRETARY OF STATE].

SECTION 2.07. Sections 2306.083(b), (c), and (d), Government Code, are amended to read as follows:

(b) To assist the Department of Agriculture [secretary of state] in preparing the report required under Section 12.050, Agriculture Code [405.021], the board on a quarterly basis shall provide a report to the Department of Agriculture [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 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 Department of Agriculture [secretary of state].

(d) The department shall require an applicant for funds administered by the department to submit to the department a colonia classification number, if one exists, for each colonia that may be served by the project proposed in the application. If a colonia does not have a classification number, the department may contact the Department of Agriculture [secretary of state or the secretary of state's representative] to obtain the classification number. On request of the department, the Department of Agriculture [secretary of state or the secretary of state's representative] shall assign a classification number to the colonia.

SECTION 2.08. The heading to Section 1001.033, Health and Safety Code, is amended to read as follows:

Sec. 1001.033. REPORT TO DEPARTMENT OF AGRICULTURE [SECRETARY OF STATE].

SECTION 2.09. Sections 1001.033(b), (c), and (d), Health and Safety Code, are amended to read as follows:

(b) To assist the Department of Agriculture [secretary of state] in preparing the report required under Section 12.050 [405.021], Agriculture [Government] Code, the commissioner on a quarterly basis shall provide a report to the Department of Agriculture [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 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 Department of Agriculture [secretary of state].

(d) The commission shall require an applicant for funds administered by the commission to submit to the commission a colonia classification number, if one exists, for each colonia that may be served by the project proposed in the application. If a colonia does not have a classification number, the commission may contact the Department of Agriculture [secretary of state or the secretary of state's representative] to obtain the classification number. On request of the commission, the Department of Agriculture [secretary of state or the secretary of state's representative] shall assign a classification number to the colonia.

SECTION 2.10. The heading to Section 391.00951, Local Government Code, is amended to read as follows:

Sec. 391.00951. REPORT TO DEPARTMENT OF AGRICULTURE [SECRETARY OF STATE].

SECTION 2.11. Sections 391.00951(b), (c), and (d), Local Government Code, are amended to read as follows:

(b) To assist the Department of Agriculture [secretary of state] in preparing the report required under Section 12.050 [405.021], Agriculture [Government] Code, the commission on a quarterly basis shall provide a report to the Department of Agriculture [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;

(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 Department of Agriculture [secretary of state].

(d) The commission shall require an applicant for funds administered by the commission to submit to the commission a colonia classification number, if one exists, for each colonia that may be served by the project proposed in the application. If a colonia does not have a classification number, the commission may contact the Department of Agriculture [secretary of state or the secretary of state's representative] to obtain the classification number. On request of the commission, the Department of Agriculture [secretary of state or the secretary of state's representative] shall assign a classification number to the colonia.

SECTION 2.12. The heading to Section 201.116, Transportation Code, is amended to read as follows:

Sec. 201.116. REPORT TO DEPARTMENT OF AGRICULTURE [SECRETARY OF STATE].

SECTION 2.13. Sections 201.116(b), (c), and (d), Transportation Code, are amended to read as follows:

(b) To assist the Department of Agriculture [secretary of state] in preparing the report required under Section 12.050 [405.021], Agriculture [Government] Code, the commission on a quarterly basis shall provide a report to the Department of Agriculture [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 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 Department of Agriculture [secretary of state].

(d) The commission shall require an applicant for funds administered by the commission to submit to the commission a colonia classification number, if one exists, for each colonia that may be served by the project proposed in the application. If a colonia does not have a classification number, the commission may contact the Department of Agriculture [secretary of state or the secretary of state's representative] to obtain the classification number. On request of the commission, the Department of Agriculture [secretary of state or the secretary of state's representative] shall assign a classification number to the colonia.

SECTION 2.14. The heading to Section 5.1781, Water Code, is amended to read as follows:

Sec. 5.1781. REPORT TO DEPARTMENT OF AGRICULTURE [SECRETARY OF STATE].

SECTION 2.15. Sections 5.1781(b), (c), and (d), Water Code, are amended to read as follows:

(b) To assist the Department of Agriculture [secretary of state] in preparing the report required under Section 12.050 [405.021], Agriculture [Government] Code, the commission on a quarterly basis shall provide a report to the Department of Agriculture [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;

(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 Department of Agriculture [secretary of state].

(d) The commission shall require an applicant for funds administered by the commission to submit to the commission a colonia classification number, if one exists, for each colonia that may be served by the project proposed in the application. If a colonia does not have a classification number, the commission may contact the Department of Agriculture [secretary of state or the secretary of state's representative] to obtain the classification number. On request of the commission, the Department of Agriculture [secretary of state or the secretary of state's representative] shall assign a classification number to the colonia.

SECTION 2.16. The heading to Section 6.1565, Water Code, is amended to read as follows:

Sec. 6.1565. REPORT TO DEPARTMENT OF AGRICULTURE [SECRETARY OF STATE].

SECTION 2.17. Sections 6.1565(b), (c), and (d), Water Code, are amended to read as follows:

(b) To assist the Department of Agriculture [secretary of state] in preparing the report required under Section 12.050 [405.021], Agriculture [Government] Code, the board on a quarterly basis shall provide a report to the Department of Agriculture [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 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 Department of Agriculture [secretary of state].

(d) The board shall require an applicant for funds administered by the board to submit to the board a colonia classification number, if one exists, for each colonia that may be served by the project proposed in the application. If a colonia does not have a classification number, the board may contact the Department of Agriculture [secretary of state or the secretary of state's representative] to obtain the classification number. On request of the board, the Department of Agriculture [secretary of state or the secretary of state's representative] shall assign a classification number to the colonia.

ARTICLE 3. REPEALER, TRANSITION, AND EFFECTIVE DATE

SECTION 3.01. Section 487.060, Government Code, is repealed.

SECTION 3.02. As soon as practicable after the effective date of this Act, the Department of Agriculture shall establish the classification system required by Section 12.050(b), Agriculture Code, as designated and amended by this Act. For purposes of this section, the department may use an applicable classification system already in effect.

SECTION 3.03. This Act takes effect September 1, 2015.