By: Lucio S.B. No. 825
(In the Senate - Filed February 21, 2011; March 1, 2011,
read first time and referred to Committee on Intergovernmental
Relations; March 17, 2011, rereferred to Committee on
International Relations and Trade; April 7, 2011, reported
adversely, with favorable Committee Substitute by the following
vote: Yeas 4, Nays 0; April 7, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 825 By: Lucio
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. Subsections (a), (b), and (d), Section
775.002, Government Code, are amended to read as follows:
(a) Contingent on the legislature's appropriation of
sufficient funds, the Texas Department of Housing and Community
Affairs shall [The governor may] designate the office established
under Section 2306.302 or another office within the department with
a focus on matters relating to colonias [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 Texas Department of Housing and Community Affairs
[agency] and with the other agencies and local officials involved
in colonia projects in the state.
(d) The following agencies shall designate an officer or
employee of the agency to serve as the agency's liaison for colonia
initiatives:
(1) the office of the attorney general;
(2) the Department of State Health Services;
(3) [the Texas Department of Housing and Community
Affairs;
[(4)] the Texas Commission on Environmental Quality;
(4) [(5)] the Texas Water Development Board;
(5) [(6)] the Texas Department of Rural Affairs;
(6) [(7)] the Office of State-Federal Relations;
(7) [(8)] the Texas Department of Insurance; and
(8) [(9)] the Texas Department of Transportation.
SECTION 1.02. Chapter 2306, Government Code, is amended by
adding Subchapter N to read as follows:
SUBCHAPTER N. OFFICE OF RURAL COMMUNITY AND SMALL MUNICIPALITY
HOUSING INITIATIVES
Sec. 2306.301. DEFINITION. In this subchapter, "office"
means the office established by Section 2306.302 to support rural
community and small municipality housing initiatives.
Sec. 2306.302. ESTABLISHMENT OF OFFICE. (a) The
department shall establish an office to support rural community and
small municipality housing initiatives.
(b) The department by rule shall define for purposes of this
subchapter:
(1) a rural community; and
(2) a small municipality.
(c) The office shall work with each regional council of
government to:
(1) match housing sponsors to the housing needs of
rural communities and small municipalities; and
(2) identify available sources of funds for those
housing needs.
(d) The office shall use funds available from the housing
trust fund established under Section 2306.201 to administer
capacity building programs for rural communities and small
municipalities.
(e) The office shall coordinate a meeting at least two times
each year between department program directors and representatives
of rural communities and small municipalities to discuss best
practices for rural community and small municipality housing
initiatives.
(f) The office shall establish an online clearinghouse of
information relating to best practices for rural community and
small municipality housing initiatives.
(g) Subject to available funding, the department by rule may
establish as part of the office not more than seven field offices to
assist political subdivisions and nonprofit entities in developing
or administering affordable housing programs.
(h) The department by rule shall specify the duties for any
field office established under Subsection (g). The rules under
this subsection must include the following duties for each field
office:
(1) identifying affordable housing needs for the area
of the state in which the field office is located;
(2) identifying state and federal programs that may
address the needs identified under Subdivision (1);
(3) facilitating the development of relationships
that will assist in building local capacity to address the needs
identified under Subdivision (1); and
(4) providing information regarding state programs to
assist in the development of affordable housing for the area of the
state in which the field office is located.
(i) The director may assign additional duties to the office.
Sec. 2306.303. REGIONAL HOUSING DEVELOPMENT ORGANIZATIONS.
(a) The office may establish regional nonprofit housing
development organizations that serve rural communities and small
municipalities in accordance with the purposes of this subchapter.
(b) To implement this section, the department may use any
money available to the department for the purposes of this
subchapter, including gifts, grants, and donations and state and
federal funds.
Sec. 2306.304. TRAINING. (a) The office annually shall
provide to elected officials, community organizations, nonprofit
organizations, and private developers a training course that
addresses housing programs and techniques that increase housing
opportunities in rural communities and small municipalities. The
office shall provide the course at an appropriate location selected
by the office and shall make the course available online in real
time.
(b) The department periodically shall also provide to
elected officials a training course regarding housing programs and
sources of funding for those programs.
Sec. 2306.305. HOUSING DEVELOPMENT PLANNING ASSISTANCE.
(a) On the request of the commissioners court of a county, the
office shall cooperate with and assist the county in:
(1) developing comprehensive housing plans for rural
communities and small municipalities in that county;
(2) supporting housing development initiatives in
those communities and municipalities; and
(3) identifying financial resources available for
those plans or initiatives.
(b) On the request of the governing body of a small
municipality, the office shall cooperate with and assist the
municipality in:
(1) developing a comprehensive housing plan for the
municipality;
(2) supporting housing development initiatives in the
municipality; and
(3) identifying financial resources available for the
plan or initiatives.
Sec. 2306.306. RURAL COMMUNITY AND SMALL MUNICIPALITY
HOUSING DEVELOPMENT PILOT PROJECTS. Notwithstanding other program
rules and procedures of the department, the department may
establish pilot projects to test and develop new approaches to
providing housing in rural communities and small municipalities
for:
(1) individuals and families of low income; and
(2) individuals and families of very low income.
Sec. 2306.307. AGRICULTURAL WORKER HOUSING INITIATIVE.
(a) The office shall fund housing initiatives that serve
agricultural workers and their families, including:
(1) new housing initiatives;
(2) housing rehabilitation initiatives; or
(3) tenant-based rental assistance.
(b) The office may designate as a pilot project a housing
initiative implemented under this section for agricultural workers
and their families.
(c) The office shall coordinate with appropriate divisions
of the department to:
(1) document agricultural worker housing needs;
(2) determine whether a housing need documented by the
department is critical; and
(3) develop initiatives to address those housing
needs.
(d) The department may use any available money to implement
this section, including:
(1) gifts, grants, and donations;
(2) money in the housing trust fund; and
(3) money allocated to the department under the
federal HOME Investment Partnerships program established under
Title II of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. Section 12701 et seq.).
(e) In this section, "agricultural worker":
(1) means a person who receives a substantial portion
of income from employment that involves:
(A) the primary production of agricultural or
aquacultural commodities; or
(B) the handling of agricultural or aquacultural
commodities in an unprocessed state, including handling those
commodities in a feedlot or a meat processing plant; and
(2) includes a person who is retired or disabled but
was employed as described by Subdivision (1) at the time of that
person's retirement or disablement.
SECTION 1.03. Section 405.021, Government Code, is
transferred to Subchapter Z, Chapter 2306, Government Code,
redesignated as Section 2306.592, Government Code, and amended to
read as follows:
Sec. 2306.592 [405.021]. REPORT ON STATE-FUNDED PROJECTS
SERVING COLONIAS. (a) Notwithstanding Section 2306.581, in [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.
(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 TEXAS DEPARTMENT OF HOUSING AND
COMMUNITY AFFAIRS [SECRETARY OF STATE].
SECTION 2.02. Subsections (b), (c), and (d), Section
51.0052, Education Code, are amended to read as follows:
(b) To assist the Texas Department of Housing and Community
Affairs [secretary of state] in preparing the report required under
Section 2306.592 [405.021], Government Code, an institution of
higher education on a quarterly basis shall provide a report to the
Texas Department of Housing and Community Affairs [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 Texas Department of Housing and Community Affairs [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 Texas
Department of Housing and Community Affairs [secretary of state or
the secretary of state's representative] to obtain the
classification number. On request of the institution, the Texas
Department of Housing and Community Affairs [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 487.060, Government
Code, is amended to read as follows:
Sec. 487.060. REPORT TO TEXAS DEPARTMENT OF HOUSING AND
COMMUNITY AFFAIRS [SECRETARY OF STATE].
SECTION 2.04. Subsections (b), (c), and (d), Section
487.060, Government Code, are amended to read as follows:
(b) To assist the Texas Department of Housing and Community
Affairs [secretary of state] in preparing the report required under
Section 2306.592 [405.021], the department on a quarterly basis
shall provide a report to the Texas Department of Housing and
Community Affairs [secretary of state] detailing any projects
funded by the department that serve colonias by providing water or
wastewater services, 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 Texas Department of Housing and Community Affairs [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 Texas Department of Housing and Community Affairs
[secretary of state or the secretary of state's representative] to
obtain a number. On request of the department, the Texas Department
of Housing and Community Affairs [secretary of state or the
secretary of state's representative] shall assign a classification
number.
SECTION 2.05. The heading to Section 531.0141, Government
Code, is amended to read as follows:
Sec. 531.0141. REPORT TO TEXAS DEPARTMENT OF HOUSING AND
COMMUNITY AFFAIRS [SECRETARY OF STATE].
SECTION 2.06. Subsections (b), (c), and (d), Section
531.0141, Government Code, are amended to read as follows:
(b) To assist the Texas Department of Housing and Community
Affairs [secretary of state] in preparing the report required under
Section 2306.592 [405.021], the commission on a quarterly basis
shall provide a report to the Texas Department of Housing and
Community Affairs [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 Texas Department of Housing and Community Affairs [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 Texas Department of Housing and Community Affairs
[secretary of state or the secretary of state's representative] to
obtain the classification number. On request of the commission,
the Texas Department of Housing and Community Affairs [secretary of
state or the secretary of state's representative] shall assign a
classification number to the colonia.
SECTION 2.07. Subsections (a), (b), and (c), Section
775.004, 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 Texas Department of
Housing and Community Affairs [secretary of state], to assist the
Texas Department of Housing and Community Affairs [secretary of
state] in preparing the report required under Section 2306.592
[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
Texas Department of Housing and Community Affairs [secretary of
state].
(c) The ombudspersons shall provide the information to the
Texas Department of Housing and Community Affairs [secretary of
state] not later than September 1 of each even-numbered year.
SECTION 2.08. The heading to Section 1001.033, Health and
Safety Code, is amended to read as follows:
Sec. 1001.033. REPORT TO TEXAS DEPARTMENT OF HOUSING AND
COMMUNITY AFFAIRS [SECRETARY OF STATE].
SECTION 2.09. Subsections (b), (c), and (d), Section
1001.033, Health and Safety Code, are amended to read as follows:
(b) To assist the Texas Department of Housing and Community
Affairs [secretary of state] in preparing the report required under
Section 2306.592 [405.021], Government Code, the commissioner on a
quarterly basis shall provide a report to the Texas Department of
Housing and Community Affairs [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 Texas Department of Housing and Community Affairs [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 Texas Department of Housing and Community Affairs
[secretary of state or the secretary of state's representative] to
obtain the classification number. On request of the commission,
the Texas Department of Housing and Community Affairs [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 TEXAS DEPARTMENT OF HOUSING AND
COMMUNITY AFFAIRS [SECRETARY OF STATE].
SECTION 2.11. Subsections (b), (c), and (d), Section
391.00951, Local Government Code, are amended to read as follows:
(b) To assist the Texas Department of Housing and Community
Affairs [secretary of state] in preparing the report required under
Section 2306.592 [405.021], Government Code, the commission on a
quarterly basis shall provide a report to the Texas Department of
Housing and Community Affairs [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 Texas Department of Housing and Community Affairs [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 Texas Department of Housing and Community Affairs
[secretary of state or the secretary of state's representative] to
obtain the classification number. On request of the commission,
the Texas Department of Housing and Community Affairs [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 TEXAS DEPARTMENT OF HOUSING AND
COMMUNITY AFFAIRS [SECRETARY OF STATE].
SECTION 2.13. Subsections (b), (c), and (d), Section
201.116, Transportation Code, are amended to read as follows:
(b) To assist the Texas Department of Housing and Community
Affairs [secretary of state] in preparing the report required under
Section 2306.592 [405.021], Government Code, the commission on a
quarterly basis shall provide a report to the Texas Department of
Housing and Community Affairs [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 Texas Department of Housing and Community Affairs [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 Texas Department of Housing and Community Affairs
[secretary of state or the secretary of state's representative] to
obtain the classification number. On request of the commission,
the Texas Department of Housing and Community Affairs [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 TEXAS DEPARTMENT OF HOUSING AND
COMMUNITY AFFAIRS [SECRETARY OF STATE].
SECTION 2.15. Subsections (b), (c), and (d), Section
5.1781, Water Code, are amended to read as follows:
(b) To assist the Texas Department of Housing and Community
Affairs [secretary of state] in preparing the report required under
Section 2306.592 [405.021], Government Code, the commission on a
quarterly basis shall provide a report to the Texas Department of
Housing and Community Affairs [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 Texas Department of Housing and Community Affairs [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 Texas Department of Housing and Community Affairs
[secretary of state or the secretary of state's representative] to
obtain the classification number. On request of the commission,
the Texas Department of Housing and Community Affairs [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 TEXAS DEPARTMENT OF HOUSING AND
COMMUNITY AFFAIRS [SECRETARY OF STATE].
SECTION 2.17. Subsections (b), (c), and (d), Section
6.1565, Water Code, are amended to read as follows:
(b) To assist the Texas Department of Housing and Community
Affairs [secretary of state] in preparing the report required under
Section 2306.592 [405.021], Government Code, the board on a
quarterly basis shall provide a report to the Texas Department of
Housing and Community Affairs [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 Texas Department of Housing and Community Affairs [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
Texas Department of Housing and Community Affairs [secretary of
state or the secretary of state's representative] to obtain the
classification number. On request of the board, the Texas
Department of Housing and Community Affairs [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 2306.083, Government Code, is
repealed.
SECTION 3.02. (a) Not later than October 1, 2011, the
Texas Department of Housing and Community Affairs shall adopt the
rules required by Subchapter N, Chapter 2306, Government Code, as
added by this Act.
(b) As soon as practicable after the effective date of this
Act, the Texas Department of Housing and Community Affairs shall
establish the classification system required by Subsection (b),
Section 2306.592, Government Code, as designated and amended by
this Act. For purposes of this subsection, the department may use
an applicable classification system already in effect.
SECTION 3.03. This Act takes effect September 1, 2011.
* * * * *