S.B. No. 99
 
 
 
 
AN ACT
  relating to the identification of and provision of assistance to
  colonias and for tracking the progress of certain state-funded
  projects that benefit colonias.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsections (a), (c), (d), and (e), Section
  405.021, Government Code, as added by Chapter 828, Acts of the 79th
  Legislature, Regular Session, 2005, are amended to read as follows:
         (a)  In this section, "colonia" means a geographic area that:
               (1)  is an economically distressed area as defined by
  Section 17.921, Water Code; [and]
               (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.
         (c)  The secretary of state shall compile information
  received from the Office of Rural Community 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 secretary of state for purposes of
  the classification system.
         (d)  The secretary of state shall compile information on
  colonias that is received from the colonia ombudspersons
  [ombudsmen] under Section 775.004.
         (e)  The 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.
         SECTION 2.  Section 487.060, Government Code, as added by
  Chapter 828, Acts of the 79th Legislature, Regular Session, 2005,
  is amended to read as follows:
         Sec. 487.060.  REPORT TO SECRETARY OF STATE.  (a)  In this
  section, "colonia" means a geographic area that:
               (1)  is an economically distressed area as defined by
  Section 17.921, Water Code; [and]
               (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)  To assist the secretary of state in preparing the report
  required under Section 405.021, the office on a quarterly basis
  shall provide a report to the secretary of state detailing any
  projects funded by the office 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 [cost] or the anticipated
  amount to be spent on each colonia served by [cost of] 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 secretary of state.
         (d)  The office shall require an applicant for funds
  administered by the office to submit to the office 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 office may contact the
  secretary of state or the secretary of state's representative to
  obtain a number. On request of the office, the secretary of state
  or the secretary of state's representative shall assign a
  classification number.
         SECTION 3.  Subchapter A, Chapter 531, Government Code, is
  amended by adding Section 531.0141 to read as follows:
         Sec. 531.0141.  REPORT TO SECRETARY OF STATE. (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)  To assist the secretary of state in preparing the report
  required under Section 405.021, the commission on a quarterly basis
  shall provide a report to the 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 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 secretary of state or the secretary of state's
  representative to obtain the classification number. On request of
  the commission, the secretary of state or the secretary of state's
  representative shall assign a classification number to the colonia.
         SECTION 4.  Subdivision (2), Section 775.001, Government
  Code, is amended to read as follows:
               (2)  "Colonia" means a geographic area that:
                     (A)  is an economically distressed area as defined
  by Section 17.921, Water Code, and 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; and
                     (B)  is:
                           (i)  located in a county any part of which is
  within 50 miles of an international border; or
                           (ii)  located in a county:
                                 (a)  any part of which is within 100
  miles of an international border; and
                                 (b)  that contains the majority of the
  area of a municipality with a population of more than 250,000.
         SECTION 5.  Section 775.003, Government Code, as added by
  Chapter 708, Acts of the 79th Legislature, Regular Session, 2005,
  is amended to read as follows:
         Sec. 775.003.  COLONIA OMBUDSPERSON [OMBUDSMAN] PROGRAM.
  The colonia initiatives coordinator shall [may] appoint a colonia
  ombudsperson [ombudsman] in:
               (1)  each of the six border counties that the
  coordinator determines have the largest colonia populations; and
               (2)  each additional county any part of which is within
  100 miles of an international border and that contains the majority
  of the area of a municipality with a population of more than
  250,000.
         SECTION 6.  Section 775.004, Government Code, as added by
  Chapter 828, Acts of the 79th Legislature, Regular Session, 2005,
  is amended to read as follows:
         Sec. 775.004.  INFORMATION ON COLONIAS.  (a)  The colonia
  ombudspersons [ombudsmen] shall gather information about the
  colonias in the counties for which the ombudspersons [ombudsmen]
  were appointed and provide the information to the secretary of
  state, to assist the secretary of state in preparing the report
  required under Section 405.021.
         (b)  To the extent possible, the ombudspersons [ombudsmen]
  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
  secretary of state.
         (c)  The ombudspersons [ombudsmen] shall provide the
  information to the secretary of state not later than September 1 of
  each even-numbered year.
         SECTION 7.  Subsection (d), Section 1403.002, Government
  Code, is amended to read as follows:
         (d)  The commission, in cooperation with the office of the
  governor, shall:
               (1)  define by rule "border colonia" as a geographic
  area that 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 and subject to any other criteria
  considered appropriate by the commission and the office of the
  governor;
               (2)  establish by rule criteria for selecting which
  areas and which colonia access roadway projects are eligible for
  assistance under this chapter;
               (3)  determine the counties and the colonia access
  roadway projects that are to receive financial assistance and the
  amount of assistance given to a county or project;
               (4)  establish by rule minimum road standards a
  county's colonia access roadway proposal must meet to be awarded a
  grant;
               (5)  establish by rule grant application procedures;
  and
               (6)  establish by rule financial reporting
  requirements for counties that receive assistance for colonia
  access roadway projects to serve border colonias.
         SECTION 8.  Section 2306.083, Government Code, is amended to
  read as follows:
         Sec. 2306.083.  REPORT TO SECRETARY OF STATE.  (a)  In this
  section, "colonia" means a geographic area that:
               (1)  is an economically distressed area as defined by
  Section 17.921, Water Code; [and]
               (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)  To assist the secretary of state in preparing the report
  required under Section 405.021, the board on a quarterly basis
  shall provide a report to the 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 [cost] or the anticipated
  amount to be spent on each colonia served by [cost of] 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 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 secretary of state or the secretary of state's
  representative to obtain the classification number. On request of
  the department, the secretary of state or the secretary of state's
  representative shall assign a classification number to the colonia.
         SECTION 9.  Subdivision (1), Section 2306.581, Government
  Code, is amended to read as follows:
               (1)  "Colonia" means a geographic area that is located
  in a county some part of which is within 150 miles of the
  international border of this state, that 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, and that:
                     (A)  has a majority population composed of
  individuals and families of low income and very low income, based on
  the federal Office of Management and Budget poverty index, and
  meets the qualifications of an economically distressed area under
  Section 17.921, Water Code; or
                     (B)  has the physical and economic
  characteristics of a colonia, as determined by the department.
         SECTION 10.  Subchapter A, Chapter 51, Education Code, is
  amended by adding Section 51.0052 to read as follows:
         Sec. 51.0052.  REPORT TO SECRETARY OF STATE. (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)  To assist the secretary of state in preparing the report
  required under Section 405.021, Government Code, an institution of
  higher education on a quarterly basis shall provide a report to the
  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 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 secretary of
  state or the secretary of state's representative to obtain the
  classification number. On request of the institution, the
  secretary of state or the secretary of state's representative shall
  assign a classification number to the colonia.
         SECTION 11.  Subchapter Z, Chapter 51, Education Code, is
  amended by adding Section 51.9201 to read as follows:
         Sec. 51.9201.  ALTERNATIVE TECHNOLOGY FOR COLONIAS. An
  institution of higher education as defined by Section 61.003 that
  has a program in the area of community, rural, or urban development
  shall create partnerships with governmental agencies and counties
  to implement programs, policies, and strategies to develop
  alternative technologies to assist colonias that have inadequate
  services or are without services, including water, wastewater,
  utility, transportation, housing, and public health care services.
         SECTION 12.  Subchapter E, Chapter 5, Water Code, is amended
  by adding Section 5.1781 to read as follows:
         Sec. 5.1781.  REPORT TO SECRETARY OF STATE. (a)  In this
  section, "colonia" means a geographic area that:
               (1)  is an economically distressed area as defined by
  Section 17.921;
               (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)  To assist the secretary of state in preparing the report
  required under Section 405.021, Government Code, the commission on
  a quarterly basis shall provide a report to the 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 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 secretary of state or the secretary of state's
  representative to obtain the classification number. On request of
  the commission, the secretary of state or the secretary of state's
  representative shall assign a classification number to the colonia.
         SECTION 13.  Section 6.1565, Water Code, is amended to read
  as follows:
         Sec. 6.1565.  REPORT TO SECRETARY OF STATE.  (a)  In this
  section, "colonia" means a geographic area that:
               (1)  is an economically distressed area as defined by
  Section 17.921; [and]
               (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)  To assist the secretary of state in preparing the report
  required under Section 405.021, Government Code, the board on a
  quarterly basis shall provide a report to the 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 [cost] or the anticipated
  amount to be spent on each colonia served by [cost of] 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 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
  secretary of state or the secretary of state's representative to
  obtain the classification number. On request of the board, the
  secretary of state or the secretary of state's representative shall
  assign a classification number to the colonia.
         SECTION 14.  Subdivision (12), Section 15.001, Water Code,
  is amended to read as follows:
               (12)  "Nonborder colonia" means a residential
  community:
                     (A)  located in an unincorporated area of a county
  all parts of which are at least 150 miles from the international
  border of this state;
                     (B)  in which water or wastewater services are
  inadequate to meet minimal needs of residential users as defined by
  board rules; [and]
                     (C)  in which the average household income is less
  than the average household income for the county in which the
  community is located; and
                     (D)  that 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.
         SECTION 15.  Subdivision (2), Section 15.951, Water Code, is
  amended to read as follows:
               (2)  "Colonia" means a geographic area that:
                     (A)  is an economically distressed area as defined
  by Section 17.921; [and]
                     (B)  is located in a county any part of which is
  within 50 miles of an international border; and
                     (C)  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.
         SECTION 16.  Section 1001.033, Health and Safety Code, is
  amended to read as follows:
         Sec. 1001.033.  REPORT TO SECRETARY OF STATE.  (a)  In this
  section, "colonia" means a geographic area that:
               (1)  is an economically distressed area as defined by
  Section 17.921, Water Code; [and]
               (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)  To assist the secretary of state in preparing the report
  required under Section 405.021, Government Code, the commissioner
  on a quarterly basis shall provide a report to the 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 [cost] or the anticipated
  amount to be spent on each colonia served by [cost of] 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 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 secretary of state or the secretary of state's
  representative to obtain the classification number. On request of
  the commission, the secretary of state or the secretary of state's
  representative shall assign a classification number to the colonia.
         SECTION 17.  Section 201.116, Transportation Code, is
  amended to read as follows:
         Sec. 201.116.  REPORT TO SECRETARY OF STATE.  (a)  In this
  section, "colonia" means a geographic area that:
               (1)  is an economically distressed area as defined by
  Section 17.921, Water Code; [and]
               (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)  To assist the secretary of state in preparing the report
  required under Section 405.021, Government Code, the commission on
  a quarterly basis shall provide a report to the 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 [cost] or the anticipated
  amount to be spent on each colonia served by [cost of] 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 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 secretary of state or the secretary of state's
  representative to obtain the classification number. On request of
  the commission, the secretary of state or the secretary of state's
  representative shall assign a classification number to the colonia.
         SECTION 18.  Subsection (a), Section 43.907, Local
  Government Code, is amended to read as follows:
         (a)  In this section, "colonia" means a geographic area that
  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 and that:
               (1)  [that] has a majority population composed of
  individuals and families of low income and very low income, as
  defined by Section 2306.004, Government Code, and based on the
  federal Office of Management and Budget poverty index, and that
  meets the qualifications of an economically distressed area under
  Section 17.921, Water Code; or
               (2)  [that] has the physical and economic
  characteristics of a colonia, as determined by the Texas Department
  of Housing and Community Affairs.
         SECTION 19.  Chapter 391, Local Government Code, is amended
  by adding Section 391.00951 to read as follows:
         Sec. 391.00951.  REPORT TO SECRETARY OF STATE. (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)  To assist the secretary of state in preparing the report
  required under Section 405.021, Government Code, the commission on
  a quarterly basis shall provide a report to the 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 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 secretary of state or the secretary of state's
  representative to obtain the classification number. On request of
  the commission, the secretary of state or the secretary of state's
  representative shall assign a classification number to the colonia.
         SECTION 20.  Section 775.003, Government Code, as added by
  Chapter 828, Acts of the 79th Legislature, Regular Session, 2005,
  is repealed.
         SECTION 21.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2007.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 99 passed the Senate on
  March 28, 2007, by the following vote:  Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 99 passed the House on
  May 15, 2007, by the following vote:  Yeas 143, Nays 1, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor