Colonias: Red Book - Misc.

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:

(b) Based on information provided under Subsections (c) and (d), the secretary of state shall establish and maintain a classification system that allows the secretary of state to track the progress of state-funded projects in providing water or wastewater services, paved roads, and other assistance to colonias.

(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:

(f) The report to the legislature must include a list of colonias with the highest health risk to colonia residents, based on factors identified by the secretary of state.

(g) In conjunction with the establishment of the classification system required by this section, the secretary of state shall establish and maintain a statewide system for identifying colonias.

(g-1) A system described by Subsection (g):

(h) The secretary of state may contract with a third party to develop the classification system or the identification system or to compile or maintain the relevant information required by this section.

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. Amended by Acts 2013, 83rd Leg., R.S., S.B. 1599, eff. Sept. 1, 2013.


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; 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:


§ 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 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:

(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:

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 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:

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; 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:

(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 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:

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:

(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:

(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:

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:

(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:

(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:

(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:

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:

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:

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

(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:

(b) The department shall adopt rules to: 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:

(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

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:

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

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:

(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:

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:

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:

(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:

(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:

(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:

(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:

(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.