CHAPTER 772. GOVERNMENTAL PLANNING

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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.

(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.

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.

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:

(1) counties that apply for the grants and that have dedicated

full-time or part-time personnel to identify, prevent,

investigate, or prosecute offenses under Chapter 20A, Penal Code;

and

(2) nongovernmental organizations that apply for the grants and

that 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 to

counties and nongovernmental organizations 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.

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.

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. 772.008. 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.

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.

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.

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.

(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.

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.

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 Education Agency;

(11) the Texas Economic Development and Tourism Office;

(12) the Office of State-Federal Relations;

(13) the Texas Higher Education Coordinating Board;

(14) the attorney general's office;

(15) the secretary of state's office;

(16) the Department of Public Safety; and

(17) the Railroad Commission of Texas.

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.

State Codes and Statutes

State Codes and Statutes

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State Codes and Statutes

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