S.B. No. 1509
AN ACT
1-1 relating to the establishment of colonia self-help centers in
1-2 certain counties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 2306, Government Code, is amended by
1-5 adding Subchapter Z to read as follows:
1-6 SUBCHAPTER Z. COLONIA SELF-HELP CENTERS
1-7 Sec. 2306.581. DEFINITION. In this subchapter:
1-8 (1) "Colonia" means a geographic area located in a
1-9 county some part of which is within 150 miles of the international
1-10 border of this state and that:
1-11 (A) has a majority population composed of
1-12 individuals and families of low income and very low income, based
1-13 on the federal Office of Management and Budget poverty index, and
1-14 meets the qualifications of an economically distressed area under
1-15 Section 17.921, Water Code; or
1-16 (B) has the physical and economic
1-17 characteristics of a colonia, as determined by the department.
1-18 (2) "Community action agency" means a political
1-19 subdivision, combination of political subdivisions, or nonprofit
1-20 organization that qualifies as an eligible entity under 42 U.S.C.
1-21 Section 9902.
1-22 Sec. 2306.582. COLONIA SELF-HELP CENTERS: ESTABLISHMENT.
1-23 (a) The department shall establish colonia self-help centers in El
1-24 Paso, Hidalgo, Starr, and Webb counties, and in Cameron County to
2-1 serve Cameron and Willacy counties. If the department determines
2-2 it necessary and appropriate, the department may establish a
2-3 self-help center in any other county if the county is designated as
2-4 an economically distressed area under Chapter 17, Water Code, for
2-5 purposes of eligibility to receive funds from the Texas Water
2-6 Development Board.
2-7 (b) The department shall attempt to secure contributions,
2-8 services, facilities, or operating support from the commissioners
2-9 court of the county in which the self-help center is located to
2-10 support the operation of the self-help center.
2-11 Sec. 2306.583. SELF-HELP CENTERS: DESIGNATION. (a) The
2-12 department shall designate:
2-13 (1) a geographic area for the services provided by
2-14 each self-help center; and
2-15 (2) five colonias in each service area to receive
2-16 concentrated attention from that center.
2-17 (b) The department may change the designation of colonias
2-18 made under Subsection (a)(2).
2-19 Sec. 2306.584. COLONIA ADVISORY COMMITTEE. (a) The
2-20 department shall appoint not fewer than five persons who are
2-21 residents of colonias to serve on an advisory committee. The
2-22 members of the advisory committee shall be selected from lists of
2-23 candidates submitted to the department by local nonprofit
2-24 organizations and the commissioners court of a county in which a
2-25 self-help center is located.
2-26 (b) The department shall appoint one committee member to
2-27 represent each of the counties in which self-help centers are
3-1 located. Each committee member:
3-2 (1) must be a resident of a colonia in the county the
3-3 member represents; and
3-4 (2) may not be a board member, contractor, or employee
3-5 of or have any ownership interest in an entity that is awarded a
3-6 contract under this subchapter.
3-7 Sec. 2306.585. DUTIES OF COMMITTEE. (a) The committee
3-8 shall advise the department regarding:
3-9 (1) the needs of colonia residents;
3-10 (2) appropriate and effective programs that are
3-11 proposed or are operated through the self-help centers; and
3-12 (3) activities that may be undertaken through the
3-13 self-help centers to better serve the needs of colonia residents.
3-14 (b) The committee shall meet before the 30th day preceding
3-15 the date on which a contract is scheduled to be awarded for the
3-16 operation of a self-help center and may meet at other times.
3-17 Sec. 2306.586. SELF-HELP CENTER: PURPOSE AND SERVICES.
3-18 (a) The purpose of a self-help center is to assist individuals and
3-19 families of low income and very low income to finance, refinance,
3-20 construct, improve, or maintain a safe, suitable home in the
3-21 colonias' designated service area or in another area the department
3-22 has determined is suitable.
3-23 (b) A self-help center shall set a goal to improve the
3-24 living conditions of residents in the colonias designated under
3-25 Section 2306.583(a)(2) within a two-year period after a contract is
3-26 awarded under this subchapter.
3-27 (c) A self-help center may serve individuals and families of
4-1 low income and very low income by:
4-2 (1) providing assistance in obtaining loans or grants
4-3 to build a home;
4-4 (2) teaching construction skills necessary to repair
4-5 or build a home;
4-6 (3) providing model home plans;
4-7 (4) operating a program to rent or provide tools for
4-8 home construction and improvement for the benefit of property
4-9 owners in colonias who are building or repairing a residence or
4-10 installing necessary residential infrastructure;
4-11 (5) helping to obtain, construct, access, or improve
4-12 the service and utility infrastructure designed to service
4-13 residences in a colonia, including potable water, wastewater
4-14 disposal, drainage, streets, and utilities;
4-15 (6) surveying or platting residential property that an
4-16 individual purchased without the benefit of a legal survey, plat,
4-17 or record;
4-18 (7) providing credit and debt counseling related to
4-19 home purchase and finance;
4-20 (8) applying for grants and loans to provide housing
4-21 and other needed community improvements;
4-22 (9) providing other services that the self-help
4-23 center, with the approval of the department, determines are
4-24 necessary to assist colonia residents in improving their physical
4-25 living conditions, including help in obtaining suitable alternative
4-26 housing outside of a colonia's area; and
4-27 (10) providing assistance in obtaining loans or grants
5-1 to enable an individual or a family to acquire fee simple title to
5-2 property that originally was purchased under a contract for a deed,
5-3 contract for sale, or other executory contract.
5-4 (d) A self-help center may not provide grants, financing, or
5-5 mortgage loan services to purchase, build, rehabilitate, or finance
5-6 construction or improvements to a home in a colonia if water
5-7 service and suitable wastewater disposal are not available.
5-8 Sec. 2306.587. OPERATION OF SELF-HELP CENTER. (a) The
5-9 department shall contract for the operation of a self-help center
5-10 with a local nonprofit organization, local community action agency,
5-11 or local housing authority that has demonstrated the ability to
5-12 carry out the functions of a self-help center under this
5-13 subchapter.
5-14 (b) The department and the self-help centers may apply for
5-15 and receive public or private gifts or grants to enable the centers
5-16 to achieve their purpose.
5-17 Sec. 2306.588. DEPARTMENT LIAISON TO SELF-HELP CENTERS.
5-18 (a) The department shall designate appropriate staff in the
5-19 department to act as liaison to the self-help centers to assist the
5-20 centers in obtaining funding to enable the centers to carry out the
5-21 centers' programs.
5-22 (b) The department shall make a reasonable effort to secure
5-23 an adequate level of funding to provide the self-help centers with
5-24 funds for low-interest mortgage financing, grants for self-help
5-25 programs, a revolving loan fund for septic tanks, a tool-lending
5-26 program, and other activities the department determines are
5-27 necessary.
6-1 Sec. 2306.589. COLONIA SET-ASIDE FUND. (a) The department
6-2 shall establish a fund in the department designated as the colonia
6-3 set-aside fund.
6-4 (b) The department may use money in the colonia set-aside
6-5 fund for specific activities that assist colonias, including:
6-6 (1) the operation and activities of the self-help
6-7 centers established under this subchapter; or
6-8 (2) reimbursement of colonia advisory committee
6-9 members for their reasonable expenses in the manner provided by
6-10 Article 6252-33, Revised Statutes, or the General Appropriations
6-11 Act.
6-12 (c) The department may review and approve an application for
6-13 funding from the colonia set-aside fund that advances the policy
6-14 and goals of the state in addressing problems in the colonias.
6-15 SECTION 2. This Act takes effect September 1, 1995.
6-16 SECTION 3. The importance of this legislation and the
6-17 crowded condition of the calendars in both houses create an
6-18 emergency and an imperative public necessity that the
6-19 constitutional rule requiring bills to be read on three several
6-20 days in each house be suspended, and this rule is hereby suspended.