2011 Texas Statutes
GOVERNMENT CODE
TITLE 7 - INTERGOVERNMENTAL RELATIONS
CHAPTER 772 - GOVERNMENTAL PLANNING

GOVERNMENT CODE

TITLE 7. INTERGOVERNMENTAL RELATIONS

CHAPTER 772. GOVERNMENTAL PLANNING

Sec. 772.001.  PLANNING AS GOVERNMENTAL PURPOSE AND FUNCTION. Planning is a governmental purpose and function of the state and agencies and political subdivisions of the state.

Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1, 1991.

Sec. 772.002.  CHIEF PLANNING OFFICER. The governor is the chief planning officer of the state.

Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1, 1991.

Sec. 772.003.  INTERAGENCY PLANNING COUNCILS. (a) The governor shall appoint interagency planning councils in functional areas of government, including natural resources, health, education, and other areas that may require coordinated planning efforts.

(b)  Each council shall coordinate joint planning efforts in its functional area.

(c)  Each council is composed of:

(1)  a member of the governor's office; and

(2)  the administrative head of each state agency, department, or institution of higher education that is represented on that council.

(d)  Two or more councils may participate jointly in studies that provide information common to their planning efforts.

Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1, 1991.

Sec. 772.004.  GOVERNOR'S DIVISION OF PLANNING COORDINATION. (a) The governor shall establish a division of planning coordination within the governor's office.

(b)  The division shall coordinate the activities of the interagency planning councils.

(c)  The division is the state clearinghouse for all state agency applications for federal grant or loan assistance.

(d)  The division may provide for the review of and comment on:

(1)  any state plan of a state agency that is required as a condition of federal assistance; and

(2)  any application by a state agency for federal grant or loan assistance.

(e)  The division shall establish policies and guidelines for an effective review and comment process under this section and cooperate with the Legislative Budget Board in developing the information requirements relating to the review and comment process.

Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1, 1991.

Sec. 772.005.  NOTIFICATION OF PLANNING COORDINATION DIVISION BY STATE AGENCY. A state agency shall notify the division of planning coordination of each application for federal grant or loan assistance before the agency submits the application.

Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1, 1991.

Sec. 772.006.  GOVERNOR'S CRIMINAL JUSTICE DIVISION. (a) The governor shall establish a criminal justice division in the governor's office to:

(1)  advise and assist the governor in developing policies, plans, programs, and proposed legislation for improving the coordination, administration, and effectiveness of the criminal justice system;

(2)  administer the criminal justice planning fund;

(3)  prepare a state comprehensive criminal justice plan, to update the plan annually based on an analysis of the state's criminal justice problems and needs, and to encourage identical or substantially similar local and regional comprehensive criminal justice planning efforts;

(4)  establish goals, priorities, and standards for programs and projects to improve the administration of justice and the efficiency of law enforcement, the judicial system, prosecution, criminal defense, and adult and juvenile corrections and rehabilitation;

(5)  award grants to state agencies, units of local government, school districts, and private, nonprofit corporations from the criminal justice planning fund for programs and projects on consideration of the goals, priorities, and standards recommended by the Criminal Justice Policy Council;

(6)  apply for, obtain, and allocate for the purposes of this section any federal or other funds which may be made available for programs and projects that address the goals, priorities, and standards established in local and regional comprehensive criminal justice planning efforts or assist those efforts;

(7)  administer the funds provided by this section in such a manner as to ensure that grants received under this section do not supplant state or local funds;

(8)  monitor and evaluate programs and projects funded under this section, cooperate with and render technical assistance to state agencies and local governments seeking to reduce crime or enhance the performance and operation of the criminal justice system, and collect from any state or local government entity information, data, statistics, or other material necessary to carry out the purposes of this section;

(9)  submit a biennial report to the legislature reporting the division's activities during the preceding biennium including the comprehensive state criminal justice plans and other studies, evaluations, crime data analyses, reports, or proposed legislation that the governor determines appropriate or the legislature requests; and

(10)  perform other duties as necessary to carry out the duties listed in this subsection and adopt rules and procedures as necessary.

(b)  The governor shall appoint a director for the division to serve at the pleasure of the governor.

(c)  The criminal justice division and any project funded by the division is subject to examination, inspection, and audit by the State Auditor's Office, the Legislative Budget Board, and the division of planning coordination to determine compliance with this section and the approved annual comprehensive criminal justice plans.

(d)  The trafficking of persons investigation and prosecution account is created in the general revenue fund.  The account is composed of legislative appropriations and other money required by law to be deposited in the account.  Income from money in the account shall be credited to the account.  Sections 403.095 and 404.071 do not apply to the account.

(e)  The legislature may appropriate money from the trafficking of persons investigation and prosecution account created under Subsection (d) only to the criminal justice division for the purposes of this subsection.  The division may use the appropriated money solely to distribute grants to qualified applicants, as determined by the division, that:

(1)  have dedicated full-time or part-time personnel to identify, prevent, investigate, or prosecute offenses under Chapter 20A, Penal Code; or

(2)  provide comprehensive services in this state to prevent the commission of offenses under Chapter 20A, Penal Code, or to address the needs of victims of those offenses, including public awareness activities, community outreach and training, victim identification services, legal services, and other services designed to assist victims.

(f)  The total amount of grants that may be distributed under this section from the trafficking of persons investigation and prosecution account during each state fiscal year may not exceed $10 million.

Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 2001, 77th Leg., ch. 998, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1002, Sec. 3, eff. September 1, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 515, Sec. 3.04, eff. September 1, 2011.

Sec. 772.0061.  SPECIALTY COURTS ADVISORY COUNCIL. (a)  In this section:

(1)  "Council" means the Specialty Courts Advisory Council.

(2)  "Specialty court" means:

(A)  a drug court program established under Chapter 469, Health and Safety Code;

(B)  a mental health court program established under Chapter 616, Health and Safety Code; and

(C)  a veterans court program established under Chapter 617, Health and Safety Code.

(b)  The governor shall establish the Specialty Courts Advisory Council within the criminal justice division established under Section 772.006 to evaluate applications for grant funding for specialty courts in this state and to make funding recommendations to the criminal justice division.

(c)  The council is composed of seven members appointed by the governor as follows:

(1)  three members with experience as judges of a specialty court; and

(2)  four members who represent the public.

(d)  The members appointed under Subsection (c)(2) must:

(1)  reside in various geographic regions of the state; and

(2)  have experience practicing law in a specialty court or possess knowledge and expertise in a field relating to behavioral or mental health issues or to substance abuse treatment.

(e)  Members are appointed for staggered six-year terms.  The terms of either two or three members, as applicable, expire February 1 of each odd-numbered year.

(f)  A person may not be a member of the council if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the council.

(g)  If a vacancy occurs on the council, the governor shall appoint a person to serve for the remainder of the unexpired term.

(h)  The council shall select a presiding officer.

(i)  The council shall meet at the call of its presiding officer or at the request of the governor.

Added by Acts 2011, 82nd Leg., R.S., Ch. 287, Sec. 1, eff. June 17, 2011.

Sec. 772.007.  TEXAS ANTI-GANG GRANT PROGRAM. (a) The criminal justice division established under Section 772.006 shall administer a competitive grant program to support regional, multidisciplinary approaches to combat gang violence through the coordination of gang prevention, intervention, and suppression activities.

(b)  The grant program administered under this section must be directed toward regions of this state that have demonstrably high levels of gang violence.

(c)  The criminal justice division shall award grants to qualified applicants, as determined by the division, that demonstrate a comprehensive approach that balances gang prevention, intervention, and suppression activities to reduce gang violence.

(d)  The criminal justice division shall include in the biennial report required by Section 772.006(a)(9) detailed reporting of the results and performance of the grant program administered under this section.

(e)  The criminal justice division may use any revenue available for purposes of this section.

Added by Acts 2009, 81st Leg., R.S., Ch. 1130, Sec. 42, eff. September 1, 2009.

Sec. 772.0071.  PROSECUTION OF BORDER CRIME GRANT PROGRAM. (a)  In this section:

(1)  "Border crime" means any crime that occurs in the border region and that undermines public safety or security, including an offense:

(A)  during the prosecution of which an affirmative finding may be requested under Section 3g(a)(2), Article 42.12, Code of Criminal Procedure;

(B)  under Chapter 19, 20, 20A, 46, or 71, Penal Code;

(C)  under Title 7 or 8, Penal Code;

(D)  under Chapter 481, Health and Safety Code;

(E)  committed by a person who is not a citizen or national of the United States and is not lawfully present in the United States; or

(F)  that is coordinated with or related to activities or crimes that occur or are committed in the United Mexican States.

(2)  "Border region" means the portion of this state that is located in a county that is adjacent to:

(A)  an international border; or

(B)  a county described by Paragraph (A).

(3)  "Criminal justice division" means the criminal justice division established under Section 772.006.

(4)  "Eligible prosecuting attorney" means an attorney in a border region who represents the state in the prosecution of felonies.

(b)  The criminal justice division shall establish and administer a grant program through which an eligible prosecuting attorney or the attorney's office may apply for a grant to support the prosecution of border crime in a county or counties under the jurisdiction of the attorney.

(c)  The criminal justice division shall establish:

(1)  additional eligibility criteria for grant applicants;

(2)  grant application procedures;

(3)  guidelines relating to grant amounts;

(4)  procedures for evaluating grant applications; and

(5)  procedures for monitoring the use of a grant awarded under the program and ensuring compliance with any conditions of a grant.

(d)  Undedicated and unobligated funds in the operators and chauffeurs license account may be appropriated only to the criminal justice division for the purpose of awarding grants under this section.  The account is exempt from the application of Section 403.095.

(e)  The criminal justice division shall include in the biennial report required by Section 772.006(a)(9) a detailed reporting of the results and performance of the grant program administered under this section.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1106, Sec. 1, eff. June 17, 2011.

Sec. 772.008.  PLANNING ASSISTANCE FOR POLITICAL SUBDIVISIONS. (a) The governor may, on request of the governing body of a political subdivision or the authorized agency of a group of political subdivisions:

(1)  arrange planning assistance, including surveys, community renewal plans, technical services, and other planning; and

(2)  arrange for a study or report on a planning problem submitted to the governor.

(b)  The governor and the governing body may agree on the amount, if any, to be paid to the governor's office for planning services.

(c)  The governor may apply for and accept grants from, and contract with, the federal government or other sources for any planning assistance, study, or report under this section.

(d)  The governor may use the regular functions of the office of the governor or another state agency in providing planning assistance under this section.

(e)  The governor may exercise powers under this section through a designated representative.

Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.13(a), eff. Aug. 30, 1993.

Sec. 772.009.  GRANT ASSISTANCE. (a) The director of the Governor's Office of Budget and Planning shall establish a state grant writing team. The grant writing team shall:

(1)  develop a plan for increased state access to available federal funds;

(2)  coordinate with state agencies to develop a plan for the use of federal grant funds;

(3)  monitor the federal register, the Texas Register, and other federal or state publications to identify federal and state funding opportunities, with special emphasis on discretionary grants or other funding opportunities that the state is not pursuing;

(4)  develop procedures to formally notify appropriate state and local agencies of the availability of discretionary federal funds and coordinate the application process; and

(5)  periodically review the funding strategies and methods of those states that rank significantly above the national average in the per capita receipt of federal funds to determine whether those strategies and methods could be successfully employed by this state.

(b)  The grant writing team may:

(1)  establish a clearinghouse of information relating to the availability of state, federal, and private grants;

(2)  establish an automated information system database for grant information and make it available for use by state agencies and political subdivisions;

(3)  provide counseling to state agencies, political subdivisions of the state, nonprofit charitable institutions, educational institutions, and residents of the state concerning the availability and means of obtaining state, federal, and private grants;

(4)  provide grant writing assistance and training to state agencies, political subdivisions of the state, individuals, and other entities either directly or through interagency contracts, cooperative agreements, or contracts with third-party providers;

(5)  publicize the services and activities of the grant writing team through chambers of commerce, councils of government, department newsletters, local governments, state agencies, institutions of higher education, business organizations, private philanthropic organizations, and other appropriate entities and methods;

(6)  establish and maintain a database of state agencies designated under state and federal law to receive federal categorical and block grant funds; and

(7)  analyze the criteria for grants for which state agencies are denied access because of state law or rules or agency organization and suggest changes in agency rules or organization that would increase the probability of the agency's receiving federal or other grants.

(c)  When appropriate, the grant writing team shall charge and collect fees from a person who uses the grant writing team's services. The fee shall be set in an amount necessary to cover all or a part of the costs of the services.

(d)  The grant writing team shall monitor and identify federal grants that are available to state and local criminal justice agencies and assist the agencies in applying for and obtaining those grants.

(e)  The grant writing team may initiate negotiations for and enter into a memorandum of understanding with other state agencies to cooperate with the grant writing team in providing:

(1)  information on federal and state funding opportunities;

(2)  technical assistance; or

(3)  assistance in writing grant proposals for political subdivisions of the state, nonprofit charitable institutions, educational institutions, and residents of the state.

(f)  Each state agency shall designate an employee on the management or senior staff level to serve as the agency's federal funds coordinator. An agency may not create a staff position for a federal funds coordinator. The coordinator's duties are additional duties of an employee of the agency. Each federal funds coordinator shall:

(1)  oversee and coordinate the agency's efforts in acquiring discretionary federal funds;

(2)  send the grant writing team a quarterly report listing the grants for which the agency has applied and the catalogue of federal domestic assistance number and giving a short description of the grant; and

(3)  notify the grant writing team of an award or denial of a federal grant to the agency.

(g)  Each state agency or institution shall file an annual report with the grant writing team concerning the agency's efforts in acquiring available discretionary federal funds during the preceding state fiscal year. The grant writing team shall establish guidelines for information included in the annual report required by this section. The grant writing team shall evaluate the effectiveness of each agency in acquiring discretionary federal funds and shall report the evaluation to the governor and the Legislative Budget Board.

(h)  After reviewing the reports under Subsection (g), if the governor or Legislative Budget Board determines that an agency's efforts were unsatisfactory, either entity may, without a finding of an existing emergency, take action under Chapter 317 to affect the agency's appropriation.

(i)  In this section:

(1)  "Earned federal funds" means funds that are received or earned in connection with a federally funded program but that are not required by the governing agreement to be distributed on that program. The term includes indirect cost receipts and interest earned on advances of federal funds.

(2)  "Federal funds" means all assistance provided or potentially available to state agencies from the federal government in the form of grants, contracts, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance, direct appropriations, or any other method of disbursement.

(3)  "Indirect costs" means costs, as defined by Federal Management Circular A-87 or subsequent revisions of that circular, that are incurred by state agencies in support of federally funded programs and that are eligible for reimbursement from the federal government.

(4)  "Local governmental entity" means a county, municipality, special purpose district, including a school district, or any other political subdivision of this state.

Added by Acts 1995, 74th Leg., ch. 306, Sec. 15, eff. Sept. 1, 1995.

Text of section effective if a specific appropriation is provided in the General Appropriations Act (S.B. 1, 79R)

Sec. 772.010.  BORDER COMMERCE COORDINATOR. (a) The governor shall designate a border commerce coordinator in the governor's office or the office of the secretary of state as determined by the governor.  The coordinator shall:

(1)  examine trade issues between the United States, Mexico, and Canada;

(2)  act as an ombudsman for government agencies within the Texas and Mexico border region to help reduce regulations by improving communication and cooperation between federal, state, and local governments;

(3)  study the flow of commerce at ports of entry between this state and Mexico, including the movement of commercial vehicles across the border, and establish a plan to aid that commerce and improve the movement of those vehicles;

(4)  work with federal officials to resolve transportation issues involving infrastructure, including roads and bridges, to allow for the efficient movement of goods and people across the border between Texas and Mexico;

(5)  work with federal officials to create a unified federal agency process to streamline border crossing needs;

(6)  work to increase funding for the North American Development Bank to assist in the financing of water and wastewater facilities; and

(7)  explore the sale of excess electric power from Texas to Mexico.

(b)  The governor shall appoint a border commerce coordinator to serve at the will of the governor in the governor's office or in the office of the secretary of state and may select the secretary of state as the coordinator.

(c)  The coordinator shall work with the interagency work group established under Section 772.011, and with local governments, metropolitan planning organizations, and other appropriate community organizations adjacent to the border of this state with the United Mexican States, and with comparable entities in Mexican states adjacent to that border, to address the unique planning and capacity needs of those areas.  The coordinator shall assist those governments, organizations, and entities to identify and develop initiatives to address those needs.  Before January 1 of each year, the coordinator shall submit to the presiding officer of each house of the legislature a report of the coordinator's activities under this subsection during the preceding year.

(d)  The coordinator shall:

(1)  work with private industry and appropriate entities of Texas and the United States to require that low-sulfur fuel be sold along highways in Texas carrying increased traffic related to activities under the North American Free Trade Agreement; and

(2)  work with representatives of the government of Mexico and the governments of those Mexican states bordering Texas to increase the use of low-sulfur fuel.

Added by Acts 1999, 76th Leg., ch. 429, Sec. 1, eff. Sept. 1, 1999.

Added by Acts 1999, 76th Leg., ch. 1339, Sec. 1, eff. June 19, 1999.

Reenacted and amended by Acts 2005, 79th Leg., Ch. 1215, Sec. 3(a), eff. September 1, 2005.

Sec. 772.010.  BORDER COMMERCE COORDINATOR.  

 

Text of section as added by Acts 1999, 76th Leg., ch. 429, Sec. 1

 

(a)  The governor shall designate a border commerce coordinator in the governor's office. The coordinator shall:

(1)  study the flow of commerce at ports of entry between this state and Mexico, including the movement of commercial vehicles across the border; and

(2)  establish a plan to aid that commerce and improve the movement of those vehicles.

(b)  The governor shall appoint the coordinator to serve at the will of the governor.

Added by Acts 1999, 76th Leg., ch. 429, Sec. 1, eff. Sept. 1, 1999.

Sec. 772.010.  BORDER COMMERCE COORDINATOR.  

 

Text of section as added by Acts 1999, 76th Leg., ch. 1339, Sec. 1

 

(a)  The governor shall designate a border commerce coordinator in the governor's office or the office of the secretary of state as determined by the governor. The coordinator shall:

(1)  examine trade issues between the United States, Mexico, and Canada;

(2)  act as an ombudsman for government agencies within the Texas and Mexico border region to help reduce regulations by improving communication and cooperation between federal, state, and local governments;

(3)  work with federal officials to resolve transportation issues involving infrastructure, including roads and bridges, to allow for the efficient movement of goods and people across the border between Texas and Mexico;

(4)  work with federal officials to create a unified federal agency process to streamline border crossing needs;

(5)  work to increase funding for the North American Development Bank to assist in the financing of water and wastewater facilities; and

(6)  explore the sale of excess electric power from Texas to Mexico.

(b)  The governor shall appoint a border commerce coordinator to serve at the will of the governor in the governor's office or in the office of the secretary of state and may select the secretary of state as the coordinator.

Added by Acts 1999, 76th Leg., ch. 1339, Sec. 1, eff. June 19, 1999.

Text of section effective if a specific appropriation is provided in the General Appropriations Act (S.B. 1, 79R)

Sec. 772.0101.  BORDER INSPECTION, TRADE, AND TRANSPORTATION ADVISORY COMMITTEE. (a) The border commerce coordinator shall establish and appoint the members of the Border Inspection, Trade, and Transportation Advisory Committee.  The members must include representatives of the Texas Department of Transportation, the Department of Public Safety of the State of Texas, the Office of State-Federal Relations, the United States Department of Transportation, the Federal Motor Carrier Safety Administration, and other representatives of state and federal agencies involved in border crossing issues.  Chapter 2110 does not apply to the size, composition, or duration of the Border Inspection, Trade, and Transportation Advisory Committee.

(b)  The coordinator shall work with the advisory committee and the interagency work group established under Section 772.011 to:

(1)  identify problems involved with border truck inspections and related trade and transportation infrastructure; and

(2)  develop recommendations for addressing those problems.

(c)  The coordinator shall work with the advisory committee and appropriate agencies of Texas, the United States, and Mexico to develop initiatives to mitigate congestion at ports of entry at the Mexican border by conducting in Mexico inspections of trucks entering Texas.  In developing the initiatives, the coordinator shall give consideration to similar initiatives proposed or implemented at the border of the United States and Canada.

(d)  The coordinator shall report quarterly to the presiding officer of each house of the legislature on the findings and recommendations of the advisory committee.

Added by Acts 2005, 79th Leg., Ch. 1215, Sec. 3(b), eff. September 1, 2005.

Text of section effective if a specific appropriation is provided in the General Appropriations Act (S.B. 1, 79R)

Sec. 772.0102.  TRADE AND COMMERCE PLAN. (a) The border commerce coordinator shall develop, in conjunction with representatives of chambers of commerce, metropolitan planning organizations adjacent to the United Mexican States, and private industry groups, and with the advice of the interagency work group established under Section 772.011, a comprehensive trade and commerce plan for the region designed to:

(1)  increase trade by attracting new business ventures;

(2)  support expansion of existing industries; and

(3)  address workforce training needs.

(b)  The plan must cover five-year, 10-year, and 15-year periods.

(c)  The coordinator shall work with industries and communities on both sides of the border to develop international industry cluster initiatives to capitalize on resources available in communities located adjacent to each other across the border.

(d)  The coordinator shall conduct annual conferences of interested persons, working with chambers of commerce and universities of this state along the Texas and Mexico border region, and shall host those conferences at no cost to the coordinator.  The purposes of the conferences are to:

(1)  make the trade and commerce plan public;

(2)  report on updated findings and progress of implementation of the plan; and

(3)  develop new international industry cluster initiatives.

Added by Acts 2005, 79th Leg., Ch. 1215, Sec. 3(b), eff. September 1, 2005.

Sec. 772.011.  INTERAGENCY WORK GROUP ON BORDER ISSUES. (a) An interagency work group is created to:

(1)  develop or update a process to allow agencies to work together on issues that face border communities;

(2)  discuss and coordinate programs and services offered to border communities and residents of border communities; and

(3)  develop regulatory and legislative recommendations to eliminate duplication and combine program services.

(b)  The work group is composed of the heads of the following agencies or their designees:

(1)  the Texas Department of Rural Affairs;

(2)  the Texas Department of Housing and Community Affairs;

(3)  the Texas Water Development Board;

(4)  the Texas Department of Transportation;

(5)  the Texas Commission on Environmental Quality;

(6)  the Texas Workforce Commission;

(7)  the Department of State Health Services;

(8)  the Health and Human Services Commission;

(9)  the General Land Office;

(10)   the Texas Economic Development and Tourism Office;

(11)  the Office of State-Federal Relations;

(12)  the Texas Higher Education Coordinating Board;

(13)  the attorney general's office;

(14)  the secretary of state's office;

(15)  the Department of Public Safety; and

(16)  the Railroad Commission of Texas.

(c)  The work group shall meet at least once each year in Austin to discuss border issues and to provide information showing the impact each agency has on border communities for use in developing border policy.

(d)  In this section, "border region" means the portion of this state located within 100 kilometers of this state's international border.

(e)  In fulfilling its duties, the work group shall consider the effect of policies instituted by the federal government impacting the border region.

Added by Acts 2005, 79th Leg., Ch. 1215, Sec. 4, eff. September 1, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 112, Sec. 95, eff. September 1, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 1176, Sec. 3, eff. June 17, 2011.