|
|
|
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. |