Texas 2011 - 82nd Regular

Texas Senate Bill SB825 Compare Versions

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1	1	By: Lucio S.B. No. 825
2	2	(In the Senate - Filed February 21, 2011; March 1, 2011,
3	3	read first time and referred to Committee on Intergovernmental
4	4	Relations; March 17, 2011, rereferred to Committee on
5	5	International Relations and Trade; April 7, 2011, reported
6	6	adversely, with favorable Committee Substitute by the following
7	7	vote: Yeas 4, Nays 0; April 7, 2011, sent to printer.)
8	8	COMMITTEE SUBSTITUTE FOR S.B. No. 825 By: Lucio
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to the provision of affordable housing in colonias, rural
14	14	communities, and small municipalities.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	ARTICLE 1. HOUSING IN COLONIAS, RURAL COMMUNITIES, AND SMALL
17	17	MUNICIPALITIES
18	18	SECTION 1.01. Subsections (a), (b), and (d), Section
19	19	775.002, Government Code, are amended to read as follows:
20	20	(a) Contingent on the legislature's appropriation of
21	21	sufficient funds, the Texas Department of Housing and Community
22	22	Affairs shall [The governor may] designate the office established
23	23	under Section 2306.302 or another office within the department with
24	24	a focus on matters relating to colonias [an agency] to act as the
25	25	state's colonia initiatives coordinator.
26	26	(b) The [If appointed under Subsection (a), the] colonia
27	27	initiatives coordinator shall coordinate colonia initiatives
28	28	within the Texas Department of Housing and Community Affairs
29	29	[agency] and with the other agencies and local officials involved
30	30	in colonia projects in the state.
31	31	(d) The following agencies shall designate an officer or
32	32	employee of the agency to serve as the agency's liaison for colonia
33	33	initiatives:
34	34	(1) the office of the attorney general;
35	35	(2) the Department of State Health Services;
36	36	(3) [the Texas Department of Housing and Community
37	37	Affairs;
38	38	[(4)] the Texas Commission on Environmental Quality;
39	39	(4) [(5)] the Texas Water Development Board;
40	40	(5) [(6)] the Texas Department of Rural Affairs;
41	41	(6) [(7)] the Office of State-Federal Relations;
42	42	(7) [(8)] the Texas Department of Insurance; and
43	43	(8) [(9)] the Texas Department of Transportation.
44	44	SECTION 1.02. Chapter 2306, Government Code, is amended by
45	45	adding Subchapter N to read as follows:
46	46	SUBCHAPTER N. OFFICE OF RURAL COMMUNITY AND SMALL MUNICIPALITY
47	47	HOUSING INITIATIVES
48	48	Sec. 2306.301. DEFINITION. In this subchapter, "office"
49	49	means the office established by Section 2306.302 to support rural
50	50	community and small municipality housing initiatives.
51	51	Sec. 2306.302. ESTABLISHMENT OF OFFICE. (a) The
52	52	department shall establish an office to support rural community and
53	53	small municipality housing initiatives.
54	54	(b) The department by rule shall define for purposes of this
55	55	subchapter:
56	56	(1) a rural community; and
57	57	(2) a small municipality.
58	58	(c) The office shall work with each regional council of
59	59	government to:
60	60	(1) match housing sponsors to the housing needs of
61	61	rural communities and small municipalities; and
62	62	(2) identify available sources of funds for those
63	63	housing needs.
64	64	(d) The office shall use funds available from the housing
65	65	trust fund established under Section 2306.201 to administer
66	66	capacity building programs for rural communities and small
67	67	municipalities.
68	68	(e) The office shall coordinate a meeting at least two times
69	69	each year between department program directors and representatives
70	70	of rural communities and small municipalities to discuss best
71	71	practices for rural community and small municipality housing
72	72	initiatives.
73	73	(f) The office shall establish an online clearinghouse of
74	74	information relating to best practices for rural community and
75	75	small municipality housing initiatives.
76	76	(g) Subject to available funding, the department by rule may
77	77	establish as part of the office not more than seven field offices to
78	78	assist political subdivisions and nonprofit entities in developing
79	79	or administering affordable housing programs.
80	80	(h) The department by rule shall specify the duties for any
81	81	field office established under Subsection (g). The rules under
82	82	this subsection must include the following duties for each field
83	83	office:
84	84	(1) identifying affordable housing needs for the area
85	85	of the state in which the field office is located;
86	86	(2) identifying state and federal programs that may
87	87	address the needs identified under Subdivision (1);
88	88	(3) facilitating the development of relationships
89	89	that will assist in building local capacity to address the needs
90	90	identified under Subdivision (1); and
91	91	(4) providing information regarding state programs to
92	92	assist in the development of affordable housing for the area of the
93	93	state in which the field office is located.
94	94	(i) The director may assign additional duties to the office.
95	95	Sec. 2306.303. REGIONAL HOUSING DEVELOPMENT ORGANIZATIONS.
96	96	(a) The office may establish regional nonprofit housing
97	97	development organizations that serve rural communities and small
98	98	municipalities in accordance with the purposes of this subchapter.
99	99	(b) To implement this section, the department may use any
100	100	money available to the department for the purposes of this
101	101	subchapter, including gifts, grants, and donations and state and
102	102	federal funds.
103	103	Sec. 2306.304. TRAINING. (a) The office annually shall
104	104	provide to elected officials, community organizations, nonprofit
105	105	organizations, and private developers a training course that
106	106	addresses housing programs and techniques that increase housing
107	107	opportunities in rural communities and small municipalities. The
108	108	office shall provide the course at an appropriate location selected
109	109	by the office and shall make the course available online in real
110	110	time.
111	111	(b) The department periodically shall also provide to
112	112	elected officials a training course regarding housing programs and
113	113	sources of funding for those programs.
114	114	Sec. 2306.305. HOUSING DEVELOPMENT PLANNING ASSISTANCE.
115	115	(a) On the request of the commissioners court of a county, the
116	116	office shall cooperate with and assist the county in:
117	117	(1) developing comprehensive housing plans for rural
118	118	communities and small municipalities in that county;
119	119	(2) supporting housing development initiatives in
120	120	those communities and municipalities; and
121	121	(3) identifying financial resources available for
122	122	those plans or initiatives.
123	123	(b) On the request of the governing body of a small
124	124	municipality, the office shall cooperate with and assist the
125	125	municipality in:
126	126	(1) developing a comprehensive housing plan for the
127	127	municipality;
128	128	(2) supporting housing development initiatives in the
129	129	municipality; and
130	130	(3) identifying financial resources available for the
131	131	plan or initiatives.
132	132	Sec. 2306.306. RURAL COMMUNITY AND SMALL MUNICIPALITY
133	133	HOUSING DEVELOPMENT PILOT PROJECTS. Notwithstanding other program
134	134	rules and procedures of the department, the department may
135	135	establish pilot projects to test and develop new approaches to
136	136	providing housing in rural communities and small municipalities
137	137	for:
138	138	(1) individuals and families of low income; and
139	139	(2) individuals and families of very low income.
140	140	Sec. 2306.307. AGRICULTURAL WORKER HOUSING INITIATIVE.
141	141	(a) The office shall fund housing initiatives that serve
142	142	agricultural workers and their families, including:
143	143	(1) new housing initiatives;
144	144	(2) housing rehabilitation initiatives; or
145	145	(3) tenant-based rental assistance.
146	146	(b) The office may designate as a pilot project a housing
147	147	initiative implemented under this section for agricultural workers
148	148	and their families.
149	149	(c) The office shall coordinate with appropriate divisions
150	150	of the department to:
151	151	(1) document agricultural worker housing needs;
152	152	(2) determine whether a housing need documented by the
153	153	department is critical; and
154	154	(3) develop initiatives to address those housing
155	155	needs.
156	156	(d) The department may use any available money to implement
157	157	this section, including:
158	158	(1) gifts, grants, and donations;
159	159	(2) money in the housing trust fund; and
160	160	(3) money allocated to the department under the
161	161	federal HOME Investment Partnerships program established under
162	162	Title II of the Cranston-Gonzalez National Affordable Housing Act
163	163	(42 U.S.C. Section 12701 et seq.).
164	164	(e) In this section, "agricultural worker":
165	165	(1) means a person who receives a substantial portion
166	166	of income from employment that involves:
167	167	(A) the primary production of agricultural or
168	168	aquacultural commodities; or
169	169	(B) the handling of agricultural or aquacultural
170	170	commodities in an unprocessed state, including handling those
171	171	commodities in a feedlot or a meat processing plant; and
172	172	(2) includes a person who is retired or disabled but
173	173	was employed as described by Subdivision (1) at the time of that
174	174	person's retirement or disablement.
175	175	SECTION 1.03. Section 405.021, Government Code, is
176	176	transferred to Subchapter Z, Chapter 2306, Government Code,
177	177	redesignated as Section 2306.592, Government Code, and amended to
178	178	read as follows:
179	179	Sec. 2306.592 [405.021]. REPORT ON STATE-FUNDED PROJECTS
180	180	SERVING COLONIAS. (a) Notwithstanding Section 2306.581, in [In]
181	181	this section, "colonia" means a geographic area that:
182	182	(1) is an economically distressed area as defined by
183	183	Section 17.921, Water Code;
184	184	(2) is located in a county any part of which is within
185	185	62 miles of an international border; and
186	186	(3) consists of 11 or more dwellings that are located
187	187	in close proximity to each other in an area that may be described as
188	188	a community or neighborhood.
189	189	(b) Based on information provided under Subsections (c) and
190	190	(d), the department [secretary of state] shall establish and
191	191	maintain a classification system that allows the department
192	192	[secretary of state] to track the progress of state-funded projects
193	193	in providing water or wastewater services, paved roads, and other
194	194	assistance to colonias.
195	195	(c) The department [secretary of state] shall compile
196	196	information received from offices within the department, the Texas
197	197	Department of Rural Affairs, the Texas Water Development Board, the
198	198	Texas Transportation Commission, [the Texas Department of Housing
199	199	and Community Affairs,] the Department of State Health Services,
200	200	the Texas Commission on Environmental Quality, the Health and Human
201	201	Services Commission, the Texas Cooperative Extension, councils of
202	202	governments, an institution of higher education that receives
203	203	funding from the state for projects that provide assistance to
204	204	colonias, and any other agency considered appropriate by the
205	205	department [secretary of state] for purposes of the classification
206	206	system.
207	207	(d) The department [secretary of state] shall compile
208	208	information on colonias that is received from the colonia
209	209	ombudspersons under Section 775.004.
210	210	(e) The department [secretary of state] shall:
211	211	(1) with the assistance of the office of the attorney
212	212	general, prepare a report on the progress of state-funded projects
213	213	in providing water or wastewater services, paved roads, and other
214	214	assistance to colonias; and
215	215	(2) submit the report to the presiding officer of each
216	216	house of the legislature not later than:
217	217	(A) December 1 of each even-numbered year, if
218	218	funds are appropriated specifically for the purpose of preparing
219	219	and submitting the report; or
220	220	(B) if funds are not appropriated as described by
221	221	Paragraph (A), December 1, 2010, and December 1 of every fourth year
222	222	following that date.
223	223	(f) The report to the legislature must include a list of
224	224	colonias with the highest health risk to colonia residents, based
225	225	on factors identified by the department [secretary of state].
226	226	(g) In conjunction with the establishment of the
227	227	classification system required by this section, the department
228	228	[secretary of state] shall establish and maintain a statewide
229	229	system for identifying colonias.
230	230	(h) The department [secretary of state] may contract with a
231	231	third party to develop the classification system or the
232	232	identification system or to compile or maintain the relevant
233	233	information required by this section.
234	234	ARTICLE 2. CONFORMING AMENDMENTS
235	235	SECTION 2.01. The heading to Section 51.0052, Education
236	236	Code, is amended to read as follows:
237	237	Sec. 51.0052. REPORT TO TEXAS DEPARTMENT OF HOUSING AND
238	238	COMMUNITY AFFAIRS [SECRETARY OF STATE].
239	239	SECTION 2.02. Subsections (b), (c), and (d), Section
240	240	51.0052, Education Code, are amended to read as follows:
241	241	(b) To assist the Texas Department of Housing and Community
242	242	Affairs [secretary of state] in preparing the report required under
243	243	Section 2306.592 [405.021], Government Code, an institution of
244	244	higher education on a quarterly basis shall provide a report to the
245	245	Texas Department of Housing and Community Affairs [secretary of
246	246	state] detailing any projects funded by the institution of higher
247	247	education that provide assistance to colonias.
248	248	(c) The report must include:
249	249	(1) a description of any relevant projects;
250	250	(2) the location of each project;
251	251	(3) the number of colonia residents served by each
252	252	project;
253	253	(4) the exact amount spent or the anticipated amount
254	254	to be spent on each colonia served by each project;
255	255	(5) a statement of whether each project is completed
256	256	and, if not, the expected completion date of the project; and
257	257	(6) any other information, as determined appropriate
258	258	by the Texas Department of Housing and Community Affairs [secretary
259	259	of state].
260	260	(d) The institution of higher education shall require an
261	261	applicant for funds administered by the institution to submit to
262	262	the institution a colonia classification number, if one exists, for
263	263	each colonia that may be served by the project proposed in the
264	264	application. If a colonia does not have a classification number,
265	265	the institution of higher education may contact the Texas
266	266	Department of Housing and Community Affairs [secretary of state or
267	267	the secretary of state's representative] to obtain the
268	268	classification number. On request of the institution, the Texas
269	269	Department of Housing and Community Affairs [secretary of state or
270	270	the secretary of state's representative] shall assign a
271	271	classification number to the colonia.
272	272	SECTION 2.03. The heading to Section 487.060, Government
273	273	Code, is amended to read as follows:
274	274	Sec. 487.060. REPORT TO TEXAS DEPARTMENT OF HOUSING AND
275	275	COMMUNITY AFFAIRS [SECRETARY OF STATE].
276	276	SECTION 2.04. Subsections (b), (c), and (d), Section
277	277	487.060, Government Code, are amended to read as follows:
278	278	(b) To assist the Texas Department of Housing and Community
279	279	Affairs [secretary of state] in preparing the report required under
280	280	Section 2306.592 [405.021], the department on a quarterly basis
281	281	shall provide a report to the Texas Department of Housing and
282	282	Community Affairs [secretary of state] detailing any projects
283	283	funded by the department that serve colonias by providing water or
284	284	wastewater services, paved roads, or other assistance.
285	285	(c) The report must include:
286	286	(1) a description of any relevant projects;
287	287	(2) the location of each project;
288	288	(3) the number of colonia residents served by each
289	289	project;
290	290	(4) the exact amount spent or the anticipated amount
291	291	to be spent on each colonia served by each project;
292	292	(5) a statement of whether each project is completed
293	293	and, if not, the expected completion date of the project; and
294	294	(6) any other information, as determined appropriate
295	295	by the Texas Department of Housing and Community Affairs [secretary
296	296	of state].
297	297	(d) The department shall require an applicant for funds
298	298	administered by the department to submit to the department a
299	299	colonia classification number, if one exists, for each colonia that
300	300	may be served by the project proposed in the application. If a
301	301	colonia does not have a classification number, the department may
302	302	contact the Texas Department of Housing and Community Affairs
303	303	[secretary of state or the secretary of state's representative] to
304	304	obtain a number. On request of the department, the Texas Department
305	305	of Housing and Community Affairs [secretary of state or the
306	306	secretary of state's representative] shall assign a classification
307	307	number.
308	308	SECTION 2.05. The heading to Section 531.0141, Government
309	309	Code, is amended to read as follows:
310	310	Sec. 531.0141. REPORT TO TEXAS DEPARTMENT OF HOUSING AND
311	311	COMMUNITY AFFAIRS [SECRETARY OF STATE].
312	312	SECTION 2.06. Subsections (b), (c), and (d), Section
313	313	531.0141, Government Code, are amended to read as follows:
314	314	(b) To assist the Texas Department of Housing and Community
315	315	Affairs [secretary of state] in preparing the report required under
316	316	Section 2306.592 [405.021], the commission on a quarterly basis
317	317	shall provide a report to the Texas Department of Housing and
318	318	Community Affairs [secretary of state] detailing any projects
319	319	funded by the commission that provide assistance to colonias.
320	320	(c) The report must include:
321	321	(1) a description of any relevant projects;
322	322	(2) the location of each project;
323	323	(3) the number of colonia residents served by each
324	324	project;
325	325	(4) the exact amount spent or the anticipated amount
326	326	to be spent on each colonia served by each project;
327	327	(5) a statement of whether each project is completed
328	328	and, if not, the expected completion date of the project; and
329	329	(6) any other information, as determined appropriate
330	330	by the Texas Department of Housing and Community Affairs [secretary
331	331	of state].
332	332	(d) The commission shall require an applicant for funds
333	333	administered by the commission to submit to the commission a
334	334	colonia classification number, if one exists, for each colonia that
335	335	may be served by the project proposed in the application. If a
336	336	colonia does not have a classification number, the commission may
337	337	contact the Texas Department of Housing and Community Affairs
338	338	[secretary of state or the secretary of state's representative] to
339	339	obtain the classification number. On request of the commission,
340	340	the Texas Department of Housing and Community Affairs [secretary of
341	341	state or the secretary of state's representative] shall assign a
342	342	classification number to the colonia.
343	343	SECTION 2.07. Subsections (a), (b), and (c), Section
344	344	775.004, Government Code, are amended to read as follows:
345	345	(a) The colonia ombudspersons shall gather information
346	346	about the colonias in the counties for which the ombudspersons were
347	347	appointed and provide the information to the Texas Department of
348	348	Housing and Community Affairs [secretary of state], to assist the
349	349	Texas Department of Housing and Community Affairs [secretary of
350	350	state] in preparing the report required under Section 2306.592
351	351	[405.021].
352	352	(b) To the extent possible, the ombudspersons shall gather
353	353	information regarding:
354	354	(1) the platting of each colonia;
355	355	(2) the infrastructure of each colonia;
356	356	(3) the availability of health care services;
357	357	(4) the availability of financial assistance; and
358	358	(5) any other appropriate topic as requested by the
359	359	Texas Department of Housing and Community Affairs [secretary of
360	360	state].
361	361	(c) The ombudspersons shall provide the information to the
362	362	Texas Department of Housing and Community Affairs [secretary of
363	363	state] not later than September 1 of each even-numbered year.
364	364	SECTION 2.08. The heading to Section 1001.033, Health and
365	365	Safety Code, is amended to read as follows:
366	366	Sec. 1001.033. REPORT TO TEXAS DEPARTMENT OF HOUSING AND
367	367	COMMUNITY AFFAIRS [SECRETARY OF STATE].
368	368	SECTION 2.09. Subsections (b), (c), and (d), Section
369	369	1001.033, Health and Safety Code, are amended to read as follows:
370	370	(b) To assist the Texas Department of Housing and Community
371	371	Affairs [secretary of state] in preparing the report required under
372	372	Section 2306.592 [405.021], Government Code, the commissioner on a
373	373	quarterly basis shall provide a report to the Texas Department of
374	374	Housing and Community Affairs [secretary of state] detailing any
375	375	projects funded by the department that provide assistance to
376	376	colonias.
377	377	(c) The report must include:
378	378	(1) a description of any relevant projects;
379	379	(2) the location of each project;
380	380	(3) the number of colonia residents served by each
381	381	project;
382	382	(4) the exact amount spent or the anticipated amount
383	383	to be spent on each colonia served by each project;
384	384	(5) a statement of whether each project is completed
385	385	and, if not, the expected completion date of the project; and
386	386	(6) any other information, as determined appropriate
387	387	by the Texas Department of Housing and Community Affairs [secretary
388	388	of state].
389	389	(d) The commission shall require an applicant for funds
390	390	administered by the commission to submit to the commission a
391	391	colonia classification number, if one exists, for each colonia that
392	392	may be served by the project proposed in the application. If a
393	393	colonia does not have a classification number, the commission may
394	394	contact the Texas Department of Housing and Community Affairs
395	395	[secretary of state or the secretary of state's representative] to
396	396	obtain the classification number. On request of the commission,
397	397	the Texas Department of Housing and Community Affairs [secretary of
398	398	state or the secretary of state's representative] shall assign a
399	399	classification number to the colonia.
400	400	SECTION 2.10. The heading to Section 391.00951, Local
401	401	Government Code, is amended to read as follows:
402	402	Sec. 391.00951. REPORT TO TEXAS DEPARTMENT OF HOUSING AND
403	403	COMMUNITY AFFAIRS [SECRETARY OF STATE].
404	404	SECTION 2.11. Subsections (b), (c), and (d), Section
405	405	391.00951, Local Government Code, are amended to read as follows:
406	406	(b) To assist the Texas Department of Housing and Community
407	407	Affairs [secretary of state] in preparing the report required under
408	408	Section 2306.592 [405.021], Government Code, the commission on a
409	409	quarterly basis shall provide a report to the Texas Department of
410	410	Housing and Community Affairs [secretary of state] detailing any
411	411	projects funded by the commission that provide assistance to
412	412	colonias.
413	413	(c) The report must include:
414	414	(1) a description of any relevant projects;
415	415	(2) the location of each project;
416	416	(3) the number of colonia residents served by each
417	417	project;
418	418	(4) the exact amount spent or the anticipated amount
419	419	to be spent on each colonia served by each project;
420	420	(5) a statement of whether each project is completed
421	421	and, if not, the expected completion date of the project; and
422	422	(6) any other information, as determined appropriate
423	423	by the Texas Department of Housing and Community Affairs [secretary
424	424	of state].
425	425	(d) The commission shall require an applicant for funds
426	426	administered by the commission to submit to the commission a
427	427	colonia classification number, if one exists, for each colonia that
428	428	may be served by the project proposed in the application. If a
429	429	colonia does not have a classification number, the commission may
430	430	contact the Texas Department of Housing and Community Affairs
431	431	[secretary of state or the secretary of state's representative] to
432	432	obtain the classification number. On request of the commission,
433	433	the Texas Department of Housing and Community Affairs [secretary of
434	434	state or the secretary of state's representative] shall assign a
435	435	classification number to the colonia.
436	436	SECTION 2.12. The heading to Section 201.116,
437	437	Transportation Code, is amended to read as follows:
438	438	Sec. 201.116. REPORT TO TEXAS DEPARTMENT OF HOUSING AND
439	439	COMMUNITY AFFAIRS [SECRETARY OF STATE].
440	440	SECTION 2.13. Subsections (b), (c), and (d), Section
441	441	201.116, Transportation Code, are amended to read as follows:
442	442	(b) To assist the Texas Department of Housing and Community
443	443	Affairs [secretary of state] in preparing the report required under
444	444	Section 2306.592 [405.021], Government Code, the commission on a
445	445	quarterly basis shall provide a report to the Texas Department of
446	446	Housing and Community Affairs [secretary of state] detailing any
447	447	projects funded by the department that serve colonias by providing
448	448	paved roads or other assistance.
449	449	(c) The report must include:
450	450	(1) a description of any relevant projects;
451	451	(2) the location of each project;
452	452	(3) the number of colonia residents served by each
453	453	project;
454	454	(4) the exact amount spent or the anticipated amount
455	455	to be spent on each colonia served by each project;
456	456	(5) a statement of whether each project is completed
457	457	and, if not, the expected completion date of the project; and
458	458	(6) any other information, as determined appropriate
459	459	by the Texas Department of Housing and Community Affairs [secretary
460	460	of state].
461	461	(d) The commission shall require an applicant for funds
462	462	administered by the commission to submit to the commission a
463	463	colonia classification number, if one exists, for each colonia that
464	464	may be served by the project proposed in the application. If a
465	465	colonia does not have a classification number, the commission may
466	466	contact the Texas Department of Housing and Community Affairs
467	467	[secretary of state or the secretary of state's representative] to
468	468	obtain the classification number. On request of the commission,
469	469	the Texas Department of Housing and Community Affairs [secretary of
470	470	state or the secretary of state's representative] shall assign a
471	471	classification number to the colonia.
472	472	SECTION 2.14. The heading to Section 5.1781, Water Code, is
473	473	amended to read as follows:
474	474	Sec. 5.1781. REPORT TO TEXAS DEPARTMENT OF HOUSING AND
475	475	COMMUNITY AFFAIRS [SECRETARY OF STATE].
476	476	SECTION 2.15. Subsections (b), (c), and (d), Section
477	477	5.1781, Water Code, are amended to read as follows:
478	478	(b) To assist the Texas Department of Housing and Community
479	479	Affairs [secretary of state] in preparing the report required under
480	480	Section 2306.592 [405.021], Government Code, the commission on a
481	481	quarterly basis shall provide a report to the Texas Department of
482	482	Housing and Community Affairs [secretary of state] detailing any
483	483	projects funded by the commission that provide assistance to
484	484	colonias.
485	485	(c) The report must include:
486	486	(1) a description of any relevant projects;
487	487	(2) the location of each project;
488	488	(3) the number of colonia residents served by each
489	489	project;
490	490	(4) the exact amount spent or the anticipated amount
491	491	to be spent on each colonia served by each project;
492	492	(5) a statement of whether each project is completed
493	493	and, if not, the expected completion date of the project; and
494	494	(6) any other information, as determined appropriate
495	495	by the Texas Department of Housing and Community Affairs [secretary
496	496	of state].
497	497	(d) The commission shall require an applicant for funds
498	498	administered by the commission to submit to the commission a
499	499	colonia classification number, if one exists, for each colonia that
500	500	may be served by the project proposed in the application. If a
501	501	colonia does not have a classification number, the commission may
502	502	contact the Texas Department of Housing and Community Affairs
503	503	[secretary of state or the secretary of state's representative] to
504	504	obtain the classification number. On request of the commission,
505	505	the Texas Department of Housing and Community Affairs [secretary of
506	506	state or the secretary of state's representative] shall assign a
507	507	classification number to the colonia.
508	508	SECTION 2.16. The heading to Section 6.1565, Water Code, is
509	509	amended to read as follows:
510	510	Sec. 6.1565. REPORT TO TEXAS DEPARTMENT OF HOUSING AND
511	511	COMMUNITY AFFAIRS [SECRETARY OF STATE].
512	512	SECTION 2.17. Subsections (b), (c), and (d), Section
513	513	6.1565, Water Code, are amended to read as follows:
514	514	(b) To assist the Texas Department of Housing and Community
515	515	Affairs [secretary of state] in preparing the report required under
516	516	Section 2306.592 [405.021], Government Code, the board on a
517	517	quarterly basis shall provide a report to the Texas Department of
518	518	Housing and Community Affairs [secretary of state] detailing any
519	519	projects funded by the board that serve colonias by providing water
520	520	or wastewater services or other assistance.
521	521	(c) The report must include:
522	522	(1) a description of any relevant projects;
523	523	(2) the location of each project;
524	524	(3) the number of colonia residents served by each
525	525	project;
526	526	(4) the exact amount spent or the anticipated amount
527	527	to be spent on each colonia served by each project;
528	528	(5) a statement of whether each project is completed
529	529	and, if not, the expected completion date of the project; and
530	530	(6) any other information, as determined appropriate
531	531	by the Texas Department of Housing and Community Affairs [secretary
532	532	of state].
533	533	(d) The board shall require an applicant for funds
534	534	administered by the board to submit to the board a colonia
535	535	classification number, if one exists, for each colonia that may be
536	536	served by the project proposed in the application. If a colonia
537	537	does not have a classification number, the board may contact the
538	538	Texas Department of Housing and Community Affairs [secretary of
539	539	state or the secretary of state's representative] to obtain the
540	540	classification number. On request of the board, the Texas
541	541	Department of Housing and Community Affairs [secretary of state or
542	542	the secretary of state's representative] shall assign a
543	543	classification number to the colonia.
544	544	ARTICLE 3. REPEALER, TRANSITION, AND EFFECTIVE DATE
545	545	SECTION 3.01. Section 2306.083, Government Code, is
546	546	repealed.
547	547	SECTION 3.02. (a) Not later than October 1, 2011, the
548	548	Texas Department of Housing and Community Affairs shall adopt the
549	549	rules required by Subchapter N, Chapter 2306, Government Code, as
550	550	added by this Act.
551	551	(b) As soon as practicable after the effective date of this
552	552	Act, the Texas Department of Housing and Community Affairs shall
553	553	establish the classification system required by Subsection (b),
554	554	Section 2306.592, Government Code, as designated and amended by
555	555	this Act. For purposes of this subsection, the department may use
556	556	an applicable classification system already in effect.
557	557	SECTION 3.03. This Act takes effect September 1, 2011.
558	558	* * * * *