The Red Book


MISCELLANEOUS


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:

    (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.

(c) The secretary of state shall compile information received from the Texas Department of Rural 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:

    (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.

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. Amended by Acts 2009, 81st Leg., R.S. ch. 112, eff. Sept. 1, 2009.


CHAPTER 775. COORDINATION OF COLONIA INITIATIVES


§ 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, § 44, eff. Sept. 1, 1999; Amended by Acts 2001, 77th Leg., ch. 1367, § 11.05, eff. Sept. 1, 2001; Amended by Acts 2005, 79th Leg., ch. 708, § 11, eff. Sept. 1, 2005. Amended by Acts 2007, 80th Leg., ch. 341, § 4, 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:

    (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.

§ 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 service 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 Office of Rural Community Affairs;
    (7) the Office of State-Federal Relations;
    (8) the Texas Department of Insurance; and
    (9) the Texas Department of Transportation.

(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:

    (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, § 44, eff. Sept. 1, 1999; Amended by Acts 2005, 79th Leg., ch. 708, § 12, eff. Sept. 1, 2005. Amended by Acts 2007, 80th Leg., ch. 341, § 2 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:

    (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.

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 Acts 2007, 80th Leg., ch. 341, § 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, § 2, eff. June 17, 2005. Renumbered from Gov't Code, § 775.004 by Acts 2007, 80th Leg., ch. 921, § 17.001(41), eff. Sept. 1, 2007. *For rest 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:

    (1) "Authority" means the Texas Public Finance Authority.
    (2) "Commission" means the Texas Transportation Commission.

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:

    (1) issue general obligation bonds and notes in an aggregate amount not to exceed $175 million, as authorized by the office of the governor under Subsection (b); and
    (2) as directed by the Texas Department of Transportation, distribute the proceeds from the sale of the bonds and notes to counties to provide financial assistance for colonia access roadway projects to serve border colonias.

(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:

    (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.

(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:

    (1) an interest rate swap agreement;
    (2) an interest rate lock agreement;
    (3) a currency swap agreement;
    (4) a forward payment conversion agreement;
    (5) an agreement to provide payments based on levels of or changes in interest rates or currency exchange rates;
    (6) an agreement to exchange cash flows or a series of payments;
    (7) an option, put, or call to hedge payment, currency, rate, spread, or other exposure; or
    (8) another agreement that enhances the marketability, security, or creditworthiness of bonds or notes.

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:

    (1) "Border colonia" means a border colonia as defined by commission rule under Section 1403.002.
    (2) "Rural border county" means a county that:
      (A) has a population of less than 55,000; and
      (B) is adjacent to an international border.

    (3) "Set-aside" means a reservation of a portion of the proceeds from the sale of general obligation bonds and notes under this chapter to provide financial assistance for specific colonia access roadway projects proposed by rural border counties.

(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:

    (1) the unincorporated area of an affected county, as defined by Section 16.341, Water Code; and
    (2) an economically distressed area, as defined by Section 16.341, Water Code.

(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:

    (1) the reason for the sale is:
      (A) the disposition of the estate following the death of the owner of the property; or
      (B) the owner because of physical condition must reside in a continuous care facility and no longer resides on the property; or
    (2) the owner of the property is a person of low or moderate income.

(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:

    (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.
    (2) "Community action agency" means a political subdivision, combination of political subdivisions, or nonprofit organization that qualifies as an eligible entity under 42 U.S.C. Section 9902.

Added by Acts 1995, 74th Leg., ch. 1016, § 1, eff. Sept. 1, 1995. Amended by Acts 2007, 80th Leg., ch. 341, § 9, 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:

    (1) must be a resident of a colonia in the county the member represents; and
    (2) may not be a board member, contractor, or employee of or have any ownership interest in an entity that is awarded a contract under this subchapter.

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:

    (1) the needs of colonia residents;
    (2) appropriate and effective programs that are proposed or are operated through the self-help centers; and
    (3) activities that may be undertaken through the self-help centers to better serve the needs of colonia residents.

(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; Amended by Acts 2001, 77th Leg., ch. 1367, § 1.27, eff. Sept. 1, 2001; Amended by Acts 2005, 79th Leg., ch. 351, § 3, eff. June 17, 2005; Amended by Acts 2007, 80th Leg., ch. 921, § 17.002(8), 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:

    (1) providing assistance in obtaining loans or grants to build a home;
    (2) teaching construction skills necessary to repair or build a home;
    (3) providing model home plans;
    (4) operating a program to rent or provide tools for home construction and improvement for the benefit of property owners in colonias who are building or repairing a residence or installing necessary residential infrastructure;
    (5) helping to obtain, construct, access, or improve the service and utility infrastructure designed to service residences in a colonia, including potable water, wastewater disposal, drainage, streets, and utilities;
    (6) surveying or platting residential property that an individual purchased without the benefit of a legal survey, plat, or record;
    (7) providing credit and debt counseling related to home purchase and finance;
    (8) applying for grants and loans to provide housing and other needed community improvements;
    (9) providing other services that the self-help center, with the approval of the department, determines are necessary to assist colonia residents in improving their physical living conditions, including help in obtaining suitable alternative housing outside of a colonia's area;
    (10) providing assistance in obtaining loans or grants to enable an individual or a family to acquire fee simple title to property that originally was purchased under a contract for a deed, contract for sale, or other executory contract; and
    (11) providing monthly programs to educate individuals and families on their rights and responsibilities as property owners.

(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:

    (1) the operation and activities of the self-help centers established under this subchapter;
    (2) reimbursement of colonia resident advisory committee members for their reasonable expenses in the manner provided by Chapter 2110 or the General Appropriations Act; and
    (3) funding for the provision of water and sewer service connections in accordance with Subsection (b).

(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 Acts 2001, 77th Leg., ch. 1367, §§ 1.28, 2.07, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 330, § 16, 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:

    (1) who:
      (A) owns or purchases a piece of real property through a warranty deed or a warranty deed and deed of trust; or
      (B) is purchasing a piece of real property under a contract for deed entered into before January 1, 1999; and
    (2) who undertakes to make improvements to that property.

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:

    (1) purchase or refinance real property on which to build new residential housing;
    (2) build new residential housing; or
    (3) improve existing residential housing.

(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:

    (1) may not have an annual income that exceeds 60 percent, as determined by the department, of the greater of the state or local median family income, when combined with the income of any person who resides with the owner-builder;
    (2) must have resided in this state for the preceding six months;
    (3) must have successfully completed an owner-builder education class under Section 2306.756; and
    (4) must agree to:
      (A) provide at least 60 percent of the labor necessary to build the proposed housing by working through a state-certified owner-builder housing program; or
      (B) provide an amount of labor equivalent to the amount required under Paragraph (A) in connection with building housing for others through a state-certified nonprofit owner-builder housing program.

(c) The department may select nonprofit owner-builder housing programs to certify the eligibility of owner-builders to receive a loan under this subchapter. A nonprofit housing assistance organization selected by the department shall use the eligibility requirements established by the department to certify the eligibility of an owner-builder for the program.

(d) At least two-thirds of the dollar amount of loans made under this subchapter in each fiscal year must be made to borrowers whose property is located in a county that is eligible to receive financial assistance under Subchapter K, Chapter 17, Water Code.

Added by Acts 1999, 76th Leg., ch. 1548, § 1, eff. Aug. 30, 1999; Amended by Acts 2001, 77th Leg., ch. 1367, § 2.08, eff. Sept. 1, 2001.


§ 2306.754. Amount of Loan; Loan Terms

(a) The department may establish the minimum amount of a loan under this subchapter, but a loan may not exceed $30,000.

(b) If it is not possible for an owner-builder to purchase necessary real property and build adequate housing for $30,000, the owner-builder must obtain the amount necessary that exceeds $30,000 from one or more local governmental entities, nonprofit organizations, or private lenders. The total amount of loans made by the department and other entities to an owner-builder under this subchapter may not exceed $60,000.

(c) A loan made by the department under this subchapter:

    (1) may not exceed a term of 30 years;
    (2) may bear interest at a fixed rate of not more than three percent or bear interest in the following manner:
      (A) no interest for the first two years of the loan;
      (B) beginning with the second anniversary of the date the loan was made, interest at the rate of one percent a year;
      (C) beginning on the third anniversary of the date the loan was made and ending on the sixth anniversary of the date the loan was made, interest at a rate that is one percent greater than the rate borne in the preceding year; and
      (D) beginning on the sixth anniversary of the date the loan was made and continuing through the remainder of the loan term, interest at the rate of five percent; and
    (3) may be secured by a lien on the real property, including a lien that is subordinate to a lien that secures a loan made under Subsection (b) and that is greater than the department's lien.

(d) If an owner-builder is purchasing real property under a contract for deed, the department may not disburse any portion of a loan made under this subchapter until the owner-builder:

    (1) fully completes the owner-builder's obligation under the contract and receives a deed to the property; or
    (2) refinances the owner-builder's obligation under the contract and converts the obligation to a note secured by a deed of trust.

Added by Acts 1999, 76th Leg., ch. 1548, § 1, eff. Aug. 30, 1999; Amended by Acts 2001, 77th Leg., ch. 1367, § 2.09, eff. Sept. 1, 2001.


§ 2306.755. Nonprofit Owner-Builder Housing Programs

(a) The department may certify nonprofit owner-builder housing programs operated by a tax-exempt organization listed under Section 501(c)(3), Internal Revenue Code of 1986, to:

    (1) qualify potential owner-builders for loans under this subchapter;
    (2) provide owner-builder education classes under Section 2306.756;
    (3) assist owner-builders in building housing; and
    (4) originate or service loans made under this subchapter.

(b) The department by rule shall adopt procedures for the certification of nonprofit owner-builder housing programs under this section.

Added by Acts 1999, 76th Leg., ch. 1548, § 1, eff. Aug. 30, 1999; Amended by Acts 2001, 77th Leg., ch. 1367, § 2.10, eff. Sept. 1, 2001.


§ 2306.756. Owner-Builder Education Classes

(a) A state-certified nonprofit owner-builder housing program shall offer owner-builder education classes to potential owner-builders. A class under this section must provide information on:

    (1) the financial responsibilities of an owner-builder under this subchapter, including the consequences of an owner-builder's failure to meet those responsibilities;
    (2) the building of housing by owner-builders;
    (3) resources for low-cost building materials available to owner-builders; and
    (4) resources for building assistance available to owner-builders.

(b) A nonprofit owner-builder housing program may charge a potential owner-builder who enrolls in a class under this section a reasonable fee not to exceed $50 to offset the program's costs in providing the class.

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


§ 2306.757. Loan Priority for Waiver of Local Government Fees

In making loans under this subchapter, the department shall give priority to loans to owner-builders who will reside in counties or municipalities that agree in writing to waive capital recovery fees, building permit fees, inspection fees, or other fees related to the building of the housing to be built with the loan proceeds.

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


§ 2306.758. Funding

(a) The department shall solicit gifts and grants to make loans under this subchapter.

(b) The department may also make loans under this subchapter from:

    (1) available funds in the housing trust fund established under Section 2306.201;
    (2) federal block grants that may be used for the purposes of this subchapter; and
    (3) the owner-builder revolving loan fund established under Section 2306.7581.

(c) In a state fiscal year, the department may use not more than 10 percent of the revenue available for purposes of this subchapter to enhance the ability of tax-exempt organizations described by Section 2306.755(a) to implement the purposes of this chapter.

Added by Acts 1999, 76th Leg., ch. 1548, § 1, eff. Aug. 30, 1999; Amended by Acts 2001, 77th Leg., ch. 1367, § 11, eff. Sept. 1, 2001.


§ 2306.7581. Owner-Builder Revolving Loan Fund

(a) The department shall establish an owner-builder revolving loan fund in the department for the sole purpose of funding loans under this subchapter.

(a-1) Each state fiscal year the department shall transfer at least $3 million to the owner-builder revolving fund from money received under the federal HOME Investment Partnerships program established under Title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. Section 12701 et seq.), from money in the housing trust fund, or from money appropriated by the legislature to the department. This subsection expires August 31, 2010.

(b) The department shall deposit money received in repayment of a loan under this subchapter to the owner-builder revolving loan fund.

Added by Acts 2001, 77th Leg., ch. 1367, § 2.12, eff. Sept. 1, 2001.


§ 2306.759. Reporting Duties

The department shall:

    (1) prepare a report that evaluates the repayment history of owner-builders who receive loans under this subchapter, including for each owner-builder:
      (A) the owner-builder's income;
      (B) the date on which the owner-builder completed building or improving the residential housing for which the loan was made;
      (C) the county in which the residential housing is located;
      (D) the identity of the owner-builder housing program through which the housing was constructed; and
      (E) a description of the type of construction or improvement made; and

    (2) deliver a copy of the report to the governor, the lieutenant governor, and the speaker of the house of representatives not later than November 15, 2000.

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


§ 2306.760. Repealed by SB 322, eff. Sept. 1, 2001.


SUBCHAPTER GG. COLONIA MODEL SUBDIVISION PROGRAM


§ 2306.781. Definition

In this subchapter, "program" means the colonia model subdivision program established under this subchapter.

Added by Acts 2001, 77th Leg., ch. 1367, § 2.13, eff. Sept. 1, 2001.


§ 2306.782. Establishment of Program

The department shall establish the colonia model subdivision program to promote the development of new, high-quality, residential subdivisions that provide:

    (1) alternatives to substandard colonias; and
    (2) housing options affordable to individuals and families of extremely low and very low income who would otherwise move into substandard colonias.

Added by Acts 2001, 77th Leg., ch. 1367, § 2.13, eff. Sept. 1, 2001.


§ 2306.783. Colonia Model Subdivision Revolving Loan Fund

(a) The department shall establish a colonia model subdivision revolving loan fund in the department. Money in the fund may be used only for purposes of the program.

(a-1) The department may transfer money into the colonia model subdivision revolving fund using any available source of revenue.

(a-2) On application, the department may provide a loan under this subchapter through an eligible political subdivision using money from the portion of community development block grant that is set aside under federal law to provide financial assistance to colonias. In a state fiscal year, the department may not provide loans under this subchapter using more than $2 million from the set-aside for colonias.

(a-3) Subsections (a-1) and (a-2) and this subsection expire August 31, 2010.

(b) The department shall deposit money received in repayment of loans under this subchapter to the colonia model subdivision revolving loan fund.

Added by Acts 2001, 77th Leg., ch. 1367, § 3, eff. Sept. 1, 2001.


§ 2306.784. Subdivision Compliance

Any subdivision created with assistance from the colonia model subdivision revolving loan fund must fully comply with all state and local laws, including any process established under state or local law for subdividing real property.

Added by Acts 2001, 77th Leg., ch. 1367, § 2.13, eff. Sept. 1, 2001.


§ 2306.785. Program Loans

(a) The department may make loans under the program only to:

    (1) colonia self-help centers established under Subchapter Z; and
    (2) community housing development organizations certified by the department.

(b) A loan made under the program may be used only for the payment of:

    (1) costs associated with the purchase of real property;
    (2) costs of surveying, platting, and subdividing or resubdividing real property;
    (3) fees, insurance costs, or recording costs associated with the development of the subdivision;
    (4) costs of providing proper infrastructure necessary to support residential uses;
    (5) real estate commissions and marketing fees; and
    (6) any other costs as the department by rule determines to be reasonable and prudent to advance the purposes of this subchapter.

(c) A loan made by the department under the program may not bear interest and may not exceed a term of 36 months.

(d) The department may offer a borrower under the program one loan renewal for each subdivision.

Added by Acts 2001, 77th Leg., ch. 1367, § 2.13, eff. Sept. 1, 2001.


§ 2306.786. Administration of Program; Rules

(a) In administering the program, the department by rule shall adopt:

    (1) any subdivision standards in excess of local standards the department considers necessary;
    (2) loan application procedures;
    (3) program guidelines; and
    (4) contract award procedures.
(b) The department shall adopt rules to:
    (1) ensure that a borrower under the program sells real property under the program only to an individual borrower, nonprofit housing developer, or for-profit housing developer for the purposes of constructing residential dwelling units; and
    (2) require a borrower under the program to convey real property under the program at a cost that is affordable to:
      (A) individuals and families of extremely low income; or
      (B) individuals and families of very low income.
Added by Acts 2001, 77th Leg., ch. 1367, § 2.13, eff. Sept. 1, 2001.

TAX CODE

CHAPTER 11. TAXABLE PROPERTY AND EXEMPTIONS


§ 11.185. Colonia Model Subdivision Program

(a) An organization is entitled to an exemption from taxation of unimproved real property it owns if the organization:

    (1) meets the requirements of a charitable organization provided by Sections 11.18(e) and (f);
    (2) purchased the property or is developing the property with proceeds of a loan made by the Texas Department of Housing and Community Affairs under the colonia model subdivision program under Subchapter GG, Chapter 2306, Government Code; and
    (3) owns the property for the purpose of developing a model colonia subdivision.
(b) Property may not be exempted under Subsection (a) after the fifth anniversary of the date the organization acquires the property.

(c) An organization entitled to an exemption under Subsection (a) is also entitled to an exemption from taxation of any building or tangible personal property the organization owns and uses in the administration of its acquisition, building, repair, or sale of property. To qualify for an exemption under this subsection, property must be used exclusively by the charitable organization, except that another individual or organization may use the property for activities incidental to the charitable organization's use that benefit the beneficiaries of the charitable organization.

(d) For the purposes of Subsection (e), the chief appraiser shall determine the market value of property exempted under Subsection (a) and shall record the market value in the appraisal records.

(e) If the organization that owns improved or unimproved real property that has been exempted under Subsection (a) sells the property to a person other than a person described by Section 2306.786(b)(1), Government Code, a penalty is imposed on the property equal to the amount of the taxes that would have been imposed on the property in each tax year that the property was exempted from taxation under Subsection (a), plus interest at an annual rate of 12 percent computed from the dates on which the taxes would have become due.

Added by Acts 2001, 77th Leg., ch. 1367, § 2.14, eff. Sept. 1, 2001. Renumbered from V.T.C.A., Tax Code § 11.184 by Acts 2003, 78th Leg., ch. 1275, § 2 (121), eff. Sept. 1, 2003.


GOVERNMENT CODE

CHAPTER 573. DEGREES OF RELATIONSHIPS; NEPOTISM PROHIBITIONS

SUBCHAPTER B. RELATIONSHIPS BY CONSANGUINITY OR BY AFFINITY

§ 573.021. Method of Computing Degree of Relationship

The degree of a relationship is computed by the civil law method.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.


§ 573.022. Determination of Consanguinity

    (a) Two individuals are related to each other by consanguinity if:
      (1) one is a descendant of the other; or
      (2) they share a common ancestor.

    (b) An adopted child is considered to be a child of the adoptive parent for this purpose.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.


§ 573.023. Computation of Degree of Consanguinity

(a) The degree of relationship by consanguinity between an individual and the individual's descendant is determined by the number of generations that separate them. A parent and child are related in the first degree, a grandparent and grandchild in the second degree, a great-grandparent and great-grandchild in the third degree and so on.

(b) If an individual and the individual's relative are related by consanguinity, but neither is descended from the other, the degree of relationship is determined by adding:

    (1) the number of generations between the individual and the nearest common ancestor of the individual and the individual's relative; and
    (2) the number of generations between the relative and the nearest common ancestor.

(c) An individual's relatives within the third degree by consanguinity are the individual's:

    (1) parent or child (relatives in the first degree);
    (2) brother, sister, grandparent, or grandchild (relatives in the second degree); and
    (3) great-grandparent, great-grandchild, aunt who is a sister of a parent of the individual, uncle who is a brother of a parent of the individual, nephew who is a child of a brother or sister of the individual, or niece who is a child of a brother or sister of the individual (relatives in the third degree).

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.


§ 573.024. Determination of Affinity

(a) Two individuals are related to each other by affinity if:

    (1) they are married to each other; or
    (2) the spouse of one of the individuals is related by consanguinity to the other individual.

(b) The ending of a marriage by divorce or the death of a spouse ends relationships by affinity created by that marriage unless a child of that marriage is living, in which case the marriage is considered to continue as long as a child of that marriage lives.

(c) Subsection (b) applies to a member of the board of trustees of or an officer of a school district only until the youngest child of the marriage reaches the age of 21 years.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 260, § 32, eff. May 30, 1995.


§ 573.025. Computation of Degree of Affinity

(a) A husband and wife are related to each other in the first degree by affinity. For other relationships by affinity, the degree of relationship is the same as the degree of the underlying relationship by consanguinity. For example: if two individuals are related to each other in the second degree by consanguinity, the spouse of one of the individuals is related to the other individual in the second degree by affinity.

(b) An individual's relatives within the third degree by affinity are:

    (1) anyone related by consanguinity to the individual's spouse in one of the ways named in Section 573.023(c); and
    (2) the spouse of anyone related to the individual by consanguinity in one of the ways named in Section 573.023(c).

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.


UTILITY CODE

TITLE 2. PUBLIC UTILITY REGULATORY ACT

SUBTITLE B. ELECTRIC UTILITIES

CHAPTER 37. CERTIFICATES OF CONVENIENCE AND NECESSITY

SUBCHAPTER D. REGULATION OF SERVICES, AREAS, AND FACILITIES


§ 37.151. Provision of Service

Except as provided by this section, Section 37.152, and Section 37.153, a certificate holder, other than one granted a certificate under Section 37.051(d), shall:

    (1) serve every consumer in the utility's certificated area; and
    (2) provide continuous and adequate service in that area.

Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended by Acts 2009, 81st Leg., R.S. ch. 1170, eff. Sept. 1, 2009.


§ 37.152. Grounds for Reduction of Service

(a) Unless the commission issues a certificate that the present and future convenience and necessity will not be adversely affected, a certificate holder may not discontinue, reduce, or impair service to any part of the holder's certificated service area except for:

    (1) nonpayment of charges;
    (2) nonuse; or
    (3) another similar reason that occurs in the usual Course of business.

(b) A discontinuance, reduction, or impairment of service must be in compliance with and subject to any condition or restriction the commission prescribes.

Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.


§ 37.153. Required Refusal of Service

A certificate holder shall refuse to serve a customer in the holder's certificated area if the holder is prohibited from providing the service under Section 212.012, 232.029, or 232.0291, Local Government Code.

Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997; Amended by Acts 2005, 79th Leg., ch. 708, § 13, eff. Sept 1, 2005.


SUBTITLE A. PROVISIONS APPLICABLE TO ALL UTILITIES

CHAPTER 15. JUDICIAL REVIEW, ENFORCEMENT, AND PENALTIES


§ 15.028. Civil Penalty Against Public Utility, Pay Telephone Service Provider, or Affiliate

(a) A public utility, customer-owned pay telephone service provider under Section 55.178, or affiliate is subject to a civil penalty if the utility, provider, or affiliate knowingly violates this title, fails to perform a duty imposed on it, or fails or refuses to obey an order, rule, direction, or requirement of the commission or a decree or judgment of a court.

(b) A civil penalty under this section shall be in an amount of not less than $1,000 and not more than $5,000 for each violation.

(c) A public utility or affiliate commits a separate violation each day it continues to violate Subsection (a).

(d) The attorney general shall file in the name of the commission a suit on the attorney general's own initiative or at the request of the commission to recover the civil penalty under this section.

Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.


WATER CODE

CHAPTER 13. WATER RATES AND SERVICES

SUBCHAPTER G. CERTIFICATES OF CONVENIENCE AND NECESSITY

[regarding provision of potable water service or sewer service for compensation]

§ 13.250. Continuous and Adequate Service; Discontinuance, Reduction, or Impairment of Service

(a) Except as provided by this section or Section 13.2501 of this code, any retail public utility that possesses or is required to possess a certificate of public convenience and necessity shall serve every consumer within its certified area and shall render continuous and adequate service within the area or areas.

(b) Unless the commission issues a certificate that neither the present nor future convenience and necessity will be adversely affected, the holder of a certificate or a person who possesses facilities used to provide utility service shall not discontinue, reduce, or impair service to a certified service area or part of a certified service area except for:

    (1) nonpayment of charges for services provided by the certificate holder or a person who possesses facilities used to provide utility service;
    (2) nonpayment of charges for sewer service provided by another retail public utility under an agreement between the retail public utility and the certificate holder or a person who possesses facilities used to provide utility service or under a commission-ordered arrangement between the two service providers;
    (3) nonuse; or
    (4) other similar reasons in the usual course of business.

(c) Any discontinuance, reduction, or impairment of service, whether with or without approval of the commission, shall be in conformity with and subject to conditions, restrictions, and limitations that the commission prescribes.

(d) Except as provided by this subsection, a retail public utility that has not been granted a certificate of public convenience and necessity may not discontinue, reduce, or impair retail water or sewer service to any rate payer without approval of the regulatory authority. Except as provided by this subsection, a utility or water supply corporation that is allowed to operate without a certificate of public convenience and necessity under Section 13.242(c) may not discontinue, reduce, or impair retail water or sewer service to any ratepayer without the approval of the regulatory authority. Subject to rules of the regulatory authority, a retail public utility, utility, or water supply corporation described in this subsection may discontinue, reduce, or impair retail water or sewer service for:

    (1) nonpayment of charges;
    (2) nonuse; or
    (3) other similar reasons in the usual course of business.

(e) Not later than the 48th hour after the hour in which a utility files a bankruptcy petition, the utility shall report this fact to the commission in writing.

Added by Acts 1985, 69th Leg., ch. 795, § 3.005, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 539, § 16, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 1102, § 5, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 567, § 27, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 678, § 7, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 652, § 3, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 400, § 5, eff. Sept. 1, 1995.


§ 13.2501. Conditions Requiring Refusal of Service

The holder of a certificate of public convenience and necessity shall refuse to serve a customer within its certified area if the holder of the certificate is prohibited from providing the service under Section 212.012 or 232.0047,* Local Government Code.

*See now Local Govt. Code § 232.029.

Added by Acts 1987, 70th Leg., ch. 1102, § 6, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, § 46(f), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 624, § 3.13, eff. Sept. 1, 1989.


CHAPTER 49. PROVISIONS APPLICABLE TO ALL DISTRICTS

SUBCHAPTER H. POWERS AND DUTIES


49.211. Powers [of Various Districts]

(a) A district shall have the functions, powers, authority, rights, and duties that will permit accomplishment of the purposes for which it was created or the purposes authorized by the constitution, this code, or any other law.

(b) A district is authorized to purchase, construct, acquire, own, operate, maintain, repair, improve, or extend inside and outside its boundaries any and all land, works, improvements, facilities, plants, equipment, and appliances necessary to accomplish the purposes of its creation or the purposes authorized by this code or any other law.

(c) A district that is authorized by law to engage in drainage or flood control activities may adopt:

    (1) a master drainage plan, including rules relating to the plan and design criteria for drainage channels, facilities, and flood control improvements;
    (2) rules for construction activity to be conducted within the district that:
      (A) reasonably relate to providing adequate drainage or flood control; and
      (B) use generally accepted engineering criteria; and

    (3) reasonable procedures to enforce rules adopted by the district under this subsection.

(d) If a district adopts a master drainage plan under Subsection (c)(1), the district may adopt rules relating to review and approval of proposed drainage plans submitted by property developers. The district, by rule, may require that a property developer who proposes to subdivide land located in the district, and who is otherwise required to obtain approval of the plat of the proposed subdivision from a municipality or county, submit for district approval a drainage report for the subdivision. The drainage report must include a map containing a description of the land to be subdivided. The map must show an accurate representation of:

    (1) any existing drainage features, including drainage channels, streams, flood control improvements, and other facilities;
    (2) any additional drainage facilities or connections to existing drainage facilities proposed by the property developer's plan for the subdivision; and
    (3) any other parts of the property developer's plan for the subdivision that may affect drainage.

(e) The district shall review each drainage report submitted to the district under this section and shall approve a report if it shows compliance with: (1) the requirements of this section; (2) the district's master drainage plan adopted under Subsection (c)(1); and (3) the rules adopted by the district under Subsections (c)(2) and (d).

(f) On or before the 30th day after the date a drainage report is received, the district shall send notice of the district's approval or disapproval of the drainage report to: (1) the property developer; and (2) each municipal or county authority with responsibility for approving the plat of the proposed subdivision.

(g) If the district disapproves a drainage report, the district shall include in the notice of disapproval a written statement: (1) explaining the reasons for the rejection; and (2) recommending changes, if possible, that would make a revised version of the drainage report acceptable for approval.

Added by Acts 1995, 74th Leg., ch. 715, § 2, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1070, § 11, eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 486, § 1, eff. June 20, 2003.

NOTE: The section above applies to a "district," which is defined by Water Code § 49.001 to mean any district or authority created by authority of either Sections 52(b)(1) and (2), Article III, or Section 59, Article XVI, Texas Constitution, regardless of how created. The term "district" shall not include any navigation district or port authority created under general or special law, any conservation and reclamation district created pursuant to Chapter 62, Acts of the 52nd Legislature, 1951 (Article 8280-141, Vernon's Texas Civil Statutes), or any conservation and reclamation district governed by Chapter 36 unless a special law creating the district or amending the law creating the district states that this chapter applies to that district.

Revised: July 22 2011