CHAPTER 775. COORDINATION OF COLONIA INITIATIVES

GOVERNMENT CODE

TITLE 7. INTERGOVERNMENTAL RELATIONS

CHAPTER 775. COORDINATION OF COLONIA INITIATIVES

Sec. 775.001. DEFINITIONS. In this chapter:

(1) "Agency" means a state office, institution, or other state

governmental entity.

(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.

(3) "Nonborder colonia" has the meaning assigned by Section

15.001, Water Code.

Added by Acts 1999, 76th Leg., ch. 404, Sec. 44, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1367, Sec. 11.05, eff.

Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

708, Sec. 11, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

341, Sec. 4, eff. June 15, 2007.

Sec. 775.002. INTERAGENCY COORDINATION OF COLONIA INITIATIVES.

(a) The governor may designate an agency to act as the state's

colonia initiatives coordinator.

(b) If appointed under Subsection (a), the colonia initiatives

coordinator shall coordinate colonia initiatives within the

agency and with the other agencies and local officials involved

in colonia projects in the state.

(c) The colonia initiatives coordinator shall work with the

other agencies and local officials involved in colonia projects

in the state to:

(1) coordinate efforts to address colonia issues;

(2) identify nonprofit self-help groups to help with colonia

initiatives;

(3) set goals for each state fiscal year for colonia initiatives

in the state, including goals to:

(A) address easement problems; and

(B) ensure that water and wastewater connections are extended

from distribution lines to houses located in colonias;

(4) ensure that the goals set under this subsection are met each

state fiscal year; and

(5) coordinate state outreach efforts to nonborder colonias and

to political subdivisions capable of providing water and

wastewater services to nonborder colonias.

(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;

(5) the Texas Water Development Board;

(6) the Texas Department of Rural Affairs;

(7) the Office of State-Federal Relations;

(8) the Texas Department of Insurance; and

(9) the Texas Department of Transportation.

(e) Each agency's liaison for colonia initiatives under

Subsection (d) must be a deputy executive director or a person of

equivalent or higher authority at the agency. This subsection

does not authorize the creation of a new position for colonia

coordination at a state agency.

(f) In coordinating colonia initiatives under this section, the

coordinator shall consider the advice and recommendations of the

Colonia Resident Advisory Committee established under Section

2306.584.

Added by Acts 1999, 76th Leg., ch. 404, Sec. 44, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1367, Sec. 11.06, eff.

Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

351, Sec. 1, eff. June 17, 2005.

Acts 2009, 81st Leg., R.S., Ch.

112, Sec. 96, eff. September 1, 2009.

Sec. 775.003. COLONIA OMBUDSPERSON PROGRAM. The colonia

initiatives coordinator shall appoint a colonia ombudsperson 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.

Added by Acts 1999, 76th Leg., ch. 404, Sec. 44, eff. Sept. 1,

1999.

Amended by:

Acts 2005, 79th Leg., Ch.

708, Sec. 12, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

341, Sec. 5, eff. June 15, 2007.

Sec. 775.004. INFORMATION ON COLONIAS. (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 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 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 shall provide the information to the

secretary of state not later than September 1 of each

even-numbered year.

Added by Acts 2005, 79th Leg., Ch.

828, Sec. 3, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

341, Sec. 6, eff. June 15, 2007.

Sec. 775.005. DEVELOPMENT OF STRATEGY TO ASSIST COLONIA

RESIDENTS. (a) To improve services delivered to colonia

residents, the colonia initiatives coordinator shall work with

the Colonia Resident Advisory Committee established under Section

2306.584.

(b) The coordinator may establish an advisory committee similar

to the Colonia Resident Advisory Committee to supplement the

efforts of the Colonia Resident Advisory Committee by providing

representation for colonia residents in counties that are not

represented by a member of the Colonia Resident Advisory

Committee.

(c) The coordinator shall consider the advice of the Colonia

Resident Advisory Committee and any committee established under

Subsection (b) regarding the needs of colonia residents.

(d) Based on the advice received under Subsection (c) and any

recommendations received from the agencies listed in Section

775.002(d), the coordinator shall define and develop a strategy

to address the needs of colonia residents and make

recommendations to the legislature based on that strategy. The

coordinator shall recommend appropriate programs, grants, and

activities to the legislature.

Added by Acts 2005, 79th Leg., Ch.

351, Sec. 2, eff. June 17, 2005.

Renumbered from Government Code, Section 775.004 by Acts 2007,

80th Leg., R.S., Ch.

921, Sec. 17.001(41), eff. September 1, 2007.