Bill Text: TX SB1670 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to the provision of affordable housing in colonias, rural communities, and small municipalities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-03-23 - Referred to Intergovernmental Relations [SB1670 Detail]

Download: Texas-2015-SB1670-Introduced.html

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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.