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