Colonias: Red Book - Misc.

 

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Colonias, Etc.- 2007
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GOVERNMENT CODE

CHAPTER 405. SECRETARY OF STATE

§ 405.021 REPORT ON STATE-FUNDED PROJECTS SERVING

(a) In this section, "colonia" means a geographic area that:

(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 under Section 775.004.

(e) The secretary of state shall:

Added by Acts of 2005, 79th Leg., Ch. 828, § 1, eff. Sept. 1, 2005; Amended by Acts 2007, 80th Leg., R.S., Ch. 341, § 1, eff. June 15, 2007.


CHAPTER 775. COORDINATION OF COLONIA INITIATIVES

§ 775.001. Definitions

In this chapter:

Added by Acts 1999, 76th Leg., ch. 404, § 44, eff. Sept. 1, 1999; Amended by Acts 2001, 77th Leg., ch. 1367, § 11.05, eff. Sept. 1, 2001; Acts 2005, 79th Leg., ch. 708, § 11, eff. Sept. 1, 2005. Amended by SB 99, eff. June 15, 2007.

NOTE: Section 15.001(13), Water Code, as amended by SB 322, eff. Sept. 1, 2001, and renumbered by HB 3506, eff. Sept. 1, 2003, provides:

"Nonborder colonia" means a residential community:


§ 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:

(d) The following agencies shall designate an officer or employee of the agency to serve as the agency's liaison for colonia initiatives:

(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.

(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.

Added by Acts 1999, 76th Leg., ch. 404, § 44, eff. Sept. 1, 1999; Amended by Acts 2001, 77th Leg., ch. 1367, § 11.06, eff. Sept. 1, 2001; Amended by Acts 2005, 79th Leg., ch. 351, § 1, eff. June 17, 2005.


§ 775.003. Colonia Ombudsperson Program

The colonia initiatives coordinator shall appoint a colonia ombudsperson in:

Added by Acts 1999, 76th Leg., ch. 404, § 44, eff. Sept. 1, 1999; Amended by Acts 2005, 79th Leg., ch. 708, § 12, eff. Sept. 1, 2005. Amended by SB 99 eff. June 1, 2007.


Note: Sec. 775.004 was added by SB 827, Sec. 3, effective September 1, 2005, without reference to the conflicting addition of anther Sec. 775.004 made by SB 1202, Sec. 2, effective June 17, 2005.

§ 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:

(c) The ombudspersons shall provide the information to the secretary of state not later than September 1 of each even-numbered year.

Note: Sec. 775.004 was added by SB 1202, Sec. 2, effective June 17, 2005, without reference to the conflicting addition of anther Sec. 775.004 made by SB 827, Sec. 3, effective September 1, 2005.

Added by Acts 2005, 79th Leg., ch. 828, § 3, eff. Sept. 1, 2005; Amended by SB 99, 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, § 2, eff. June 17, 2005. Amended by HB 3167 eff. Sept. 1, 2007.
*For test of section as added by Acts 2005, see § 775.004, post.


CHAPTER 1403. GENERAL OBLIGATION BONDS FOR CERTAIN BORDER COLONIA PROJECTS

§ 1403.001. Definitions

In this subchapter:

Added by Acts 2001, 77th Leg., ch. 950, § 1.


§ 1403.002. General Obligation Bonds and Notes for Border Colonia Roadway Projects

(a) As provided by Section 49-1, Article III, Texas Constitution, the authority shall, in accordance with requests from the office of the governor:

(b) The office of the governor shall determine the amount of bonds or notes to be issued at any one time by the authority under Subsection (a)(1) and the times at which the bonds or notes are issued.

(c) The commission shall establish a program to administer the use of the proceeds of the bonds and notes. The Texas Department of Transportation shall administer the program in cooperation with the office of the governor, the secretary of state, the Texas A&M University Center for Housing and Urban Development.

(d) The commission, in cooperation with the office of the governor, shall:

(e) The issuance of general obligation bonds under this chapter shall comply with and is subject to Subtitle A, of this title, Chapter 1231, and applicable provisions of Chapters 1232 and 1371.

(f) In connection with bonds or notes issued under this section, the authority may enter into one or more credit agreements at any time for a period and on conditions the authority approves. For purposes of this subsection, "credit agreement" includes:

Added by Acts 2001, 77th Leg., ch. 950, § 1 eff. Nov. 6, 2001.


§ 1403.003. Set-Aside for Colonias Located in Rural Border Counties

(a) "In this section:

(b) The authority shall set aside an amount equal to 10 percent of the proceeds from each sale of general obligation bonds and notes under this chapter to provide financial assistance for colonia access roadway projects designed to pave roads serving border colonias located in rural border counties.

(c) The authority, as directed by the Texas Department of Transportation, shall provide a grant from the set-aside on a priority basis to a rural border county that proposes to pave for the first time a road serving a border colonia located in that county.

Added by Acts 2003 78th Leg., ch. 320, § 1, eff. June 18, 2003.


§ 1403.004. Use of Grants for Project Materials or Equipment

A grant under this chapter may be used to purchase any materials or to lease any equipment as reasonably necessary to accomplish the goal of the project. Materials purchased as permitted by this section must be used solely in connection with the project. Equipment leased as permitted by this section must be used substantially in connection with the project throughout the period of the applicable lease.

Added by Acts 2003 78th Leg., ch. 320, § 1, eff. June 18, 2003.


CHAPTER 2306. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

§ 2306.0985. Recovery of Funds From Certain Subdivisions

(a) It is the intent of the legislature that a private developer not unduly benefit from the expenditure by the state of public funds on infrastructure for public benefit.

(b) This section applies only to property located in:

(c) As a condition for the receipt of state funds, and to the extent permitted by law, federal funds, the department may require a political entity with authority to tax and place a lien on property to place a lien or assessment on property that benefits from the expenditure of state or federal funds for water, wastewater, or drainage improvements affecting the property. The lien or assessment may not exceed an amount equal to the cost of making the improvements as those costs relate to the property. The lien or assessment expires 10 years after the date the improvements are completed.

(d) If property subject to a lien or assessment under Subsection (c) is sold, the seller must pay to the political entity from the proceeds of the sale an amount equal to the value of the lien or assessment. This subsection does not apply if:

(e) If property subject to a lien or assessment under Subsection (c) is repossessed by the holder of a note or a contract for deed, the holder must pay to the political entity an amount equal to the value of the lien or assessment before taking possession of the property.

(f) Subject to rules adopted by the department, a political entity shall collect payments made under this section and remit the funds for deposit in the treasury to the credit of a special account in the general revenue fund that may be appropriated only to the department for use in administering a program under Section 2306.098.

(g) After public notice and comment, the department shall adopt rules to administer this section. The department may provide by rule for the reduction or waiver of a fee authorized by this section.

Added by Acts 1995, 74th Leg., ch. 979, § 28, eff. June 16, 1995.


SUBCHAPTER Z. COLONIAS

Section
2306.581. Definition.
2306.582. Colonia Self-Help Centers: Establishment.
2306.583. Self-Help Centers: Designation.
2306.584. Colonia Resident Advisory Committee.
2306.585. Duties of Colonia Resident Advisory Committee.
2306.586. Self-Help Center; Purpose and Services.
2306.587. Operation of Self-Help Center; Monitoring.
2306.588. Department Liaison to Self-Help Centers.
2306.589. Colonia Set-Aside Fund.


§ 2306.581. Definition

In this subchapter:

Added by Acts 1995, 74th Leg., ch. 1016, § 1, eff. Sept. 1, 1995. Amended by SB 99, eff. June 15, 2007


§ 2306.582. Colonia Self-Help Centers: Establishment

(a) The department shall establish colonia self-help centers in El Paso, Hidalgo, Starr, and Webb counties, and in Cameron County to serve Cameron and Willacy counties. If the department determines it necessary and appropriate, the department may establish a self-help center in any other county if the county is designated as an economically distressed area under Chapter 17, Water Code, for purposes of eligibility to receive funds from the Texas Water Development Board.

(b) The department shall attempt to secure contributions, services, facilities, or operating support from the commissioners court of the county in which the self-help center is located to support the operation of the self-help center.

Added by Acts 1995, 74th Leg., ch. 1016, § 1, eff. Sept. 1, 1995.


§ 2306.583. Self-Help Centers: Designation

(a) The department shall designate a geographic area for the services provided by each self-help center.

(b) In consultation with the colonia resident advisory committee and the appropriate self-help center, the department shall designate five colonias in each service area to receive concentrated attention from that center.

(c) In consultation with the colonia resident advisory committee and the appropriate self-help center, the department may change the designation of colonias made under Subsection (b).

Added by Acts 1995, 74th Leg., ch. 1016, § 1, eff. Sept. 1, 1995; Amended by Acts 2001, 77th Leg., ch. 1367, § 2.04, eff. Sept. 1, 2001.


§ 2306.584. Colonia Resident Advisory Committee

(a) The department shall appoint not fewer than five persons who are residents of colonias to serve on the Colonia Resident Advisory Committee. The members of the advisory committee shall be selected from lists of candidates submitted to the department by local nonprofit organizations and the commissioners court of a county in which a self-help center is located.

(b) The department shall appoint one committee member to represent each of the counties in which self-help centers are located. Each committee member:

Added by Acts 1995, 74th Leg., ch. 1016, § 1, eff. Sept. 1, 1995; Amended by Acts 2001, 77th Leg., ch. 1234, § 36, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1367, § 1.27, eff. Sept. 1, 2001.


§ 2306.585. Duties of Colonia Resident Advisory Committee

(a) The Colonia Resident Advisory Committee shall advise the department regarding:

(b) The advisory committee shall meet before the 30th day preceding the date on which a contract is scheduled to be awarded for the operation of a self-help center and may meet at other times.

(c) The advisory committee shall advise the colonia initiatives coordinator as provided by Section 775.005.

Added by Acts 1995, 74th Leg., ch. 1016, § 1, eff. Sept. 1, 1995; Amended by Acts 2001, 77th Leg., ch. 1234, § 36, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1367, § 1.27, eff. Sept. 1, 2001; Acts 2005, 79th Leg., ch. 351, § 3, eff. June 17, 2005; Amended by HB 3167, eff. Sept. 1, 2007.


§ 2306.586. Self-Help Center: Purpose and Services

(a) The purpose of a self-help center is to assist individuals and families of low income and very low income to finance, refinance, construct, improve, or maintain a safe, suitable home in the colonias' designated service area or in another area the department has determined is suitable.

(b) A self-help center shall set a goal to improve the living conditions of residents in the colonias designated under Section 2306.583(a)(2) within a two-year period after a contract is awarded under this subchapter.

(c) A self-help center may serve individuals and families of low income and very low income by:

(d) A self-help center may not provide grants, financing, or mortgage loan services to purchase, build, rehabilitate, or finance construction or improvements to a home in a colonia if water service and suitable wastewater disposal are not available.

(e) Through a self-help center, a colonia resident may apply for any direct loan or grant program operated by the department.

Added by Acts 1995, 74th Leg., ch. 1016, § 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 402, § 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1367, § 2.05, eff. Sept. 1, 2001.


§ 2306.587. Operation of Self-Help Center; Monitoring

(a) To operate a self-help center, the department shall, subject to the availability of revenue for that purpose, enter into a four-year contract directly with a local nonprofit organization, including a local community action agency that qualifies as an eligible entity under 42 U.S.C. Section 9902, or a local housing authority that has demonstrated the ability to carry out the functions of a self-help center under this subchapter.

(b) The department is solely responsible for contract oversight and for the monitoring of self-help centers under this subchapter.

(c) The department and the self-help centers may apply for and receive public or private gifts or grants to enable the centers to achieve their purpose.

Added by Acts 1995, 74th Leg., ch. 1016, § 1, eff. Sept. 1, 1995; Amended by Acts 2001, 77th Leg., ch. 1367, § 2.06, eff. Sept. 1, 2001.


§ 2306.588. Department Liaison to Self-Help Centers

(a) The department shall designate appropriate staff in the department to act as liaison to the self-help centers to assist the centers in obtaining funding to enable the centers to carry out the centers' programs.

(b) The department shall make a reasonable effort to secure an adequate level of funding to provide the self-help centers with funds for low-interest mortgage financing, grants for self-help programs, a revolving loan fund for septic tanks, a tool-lending program, and other activities the department determines are necessary.

Added by Acts 1995, 74th Leg., ch. 1016, § 1, eff. Sept. 1, 1995.


§ 2306.589. Colonia Set-Aside Fund

(a) The department shall establish a fund in the department designated as the colonia set-aside fund. The department may contribute money to the fund from any available source of revenue that the department considers appropriate to implement the purposes of this subchapter, except that the department may not use federal community development block grant money authorized by Title I of the Housing and Community Development Act of 1974 (42 U.S.C. Section 5301 et seq.) unless the money is specifically appropriated by the legislature for that purpose.

(b) The department by rule shall provide that an application for assistance in paying for residential service lines, hookups, and plumbing improvements associated with being connected to a water supply or sewer service system may be submitted after construction of a water supply or sewer service system begins. The department shall approve or disapprove a timely application before construction of the water supply or sewer service is completed in order to eliminate delay in hookups once construction is completed. The department and the Texas Water Development Board shall coordinate the application process for hookup funds under this subsection and under Subchapter L, Chapter 15, Water Code, and shall share information elicited by each agency's application procedure in order to avoid duplication of effort and to eliminate the need for applicants to complete different forms with similar information.

(c) The department may use money in the colonia set-aside fund for specific activities that assist colonias, including:

(d) The department may review and approve an application for funding from the colonia set-aside fund that advances the policy and goals of the state in addressing problems in the colonias.

Added by Acts 1995, 74th Leg., ch. 1016, § 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1405, § 1, eff. Sept. 1, 1997.
Amended by SB 322, eff. Sept. 1, 2001. Section 1.28 of SB 322 changed in subsection (c)(2) above the phrase "colonia advisory committee members" to "colonia resident advisory committee members and colonia initiatives advisory committee members." See, however, the note following Govt. Code § 2306.583, above.

Amended by SB 264, eff. Sept. 1, 2003.


§ 2306.590, 2306.591. Repealed by SB 264, Section 31, eff. Sept. 1, 2003


SUBCHAPTER FF. OWNER-BUILDER LOAN PROGRAM

§ 2306.751. Definition

In this subchapter, "owner-builder" means a person, other than a person who owns or operates a construction business:

Added by Acts 1999, 76th Leg., ch. 1548, § 1, eff. Aug. 30, 1999.


§ 2306.752. Owner-Builder Loan Program

(a) To provide for the development of affordable housing in this state, the department, through the colonia self-help centers established under Subchapter Z or a nonprofit organization certified by the department as a nonprofit owner-builder housing program, shall make loans for owner-builders to enable them to:

(b) The department may adopt rules necessary to accomplish the purposes of this subchapter.

Added by Acts 1999, 76th Leg., ch. 1548, § 1, eff. Aug. 30, 1999.


§ 2306.753. Owner-Builder Eligibility

(a) Subject to this section, the department shall establish eligibility requirements for an owner-builder to receive a loan under this subchapter. The eligibility requirements must establish a priority for loans made under this subchapter to owner-builders with an annual income, as determined under Subsection (b)(1), of less than $17,500.

(b) To be eligible for a loan under this subchapter, an owner-builder: