By Hill, Howard, Tillery, Olivo, H.B. No. 829
77R11643 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the eligibility of certain areas for certain colonia
1-3 funding programs.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 15.001, Water Code, is amended by adding
1-6 Subdivision (12) to read as follows:
1-7 (12) "Nonborder colonia" means a residential
1-8 community:
1-9 (A) located in an unincorporated area of a
1-10 county all parts of which are at least 150 miles from the
1-11 international border of this state;
1-12 (B) in which water or wastewater services are
1-13 inadequate to meet minimal needs of residential users as defined by
1-14 board rules; and
1-15 (C) in which the average household income is
1-16 less than the average household income for the county in which the
1-17 community is located.
1-18 SECTION 2. Section 15.008, Water Code, is amended to read as
1-19 follows:
1-20 Sec. 15.008. GRANT STANDARDS. Chapter 783, Government Code,
1-21 [The Uniform Grant and Contract Management Act of 1981 (Article
1-22 4413(32g), Vernon's Texas Civil Statutes)] does not apply to a
1-23 contract under Subchapter F, H, or K or to a contract relating to
1-24 an economically distressed area or nonborder colonia under
1-25 Subchapter C [of this chapter].
2-1 SECTION 3. Section 15.102(b), Water Code, is amended to read
2-2 as follows:
2-3 (b) The loan fund may also be used by the board to provide
2-4 grants or loans for projects that include supplying water and
2-5 wastewater services in economically distressed areas or nonborder
2-6 colonias as provided by legislative appropriations, this chapter,
2-7 and board rules, including projects involving retail distribution
2-8 of those services.
2-9 SECTION 4. Section 15.105, Water Code, is amended to read as
2-10 follows:
2-11 Sec. 15.105. CONSIDERATIONS IN PASSING ON APPLICATION. In
2-12 passing on an application for financial assistance from the loan
2-13 fund, the board shall consider but is not limited to:
2-14 (1) the needs of the area to be served by the project
2-15 and the benefit of the project to the area in relation to the needs
2-16 of other areas requiring state assistance in any manner and the
2-17 benefits of those projects to the other areas;
2-18 (2) the availability of revenue to the applicant from
2-19 all sources for the ultimate repayment of the cost of the project,
2-20 including all interest;
2-21 (3) the relationship of the project to overall
2-22 statewide needs;
2-23 (4) the ability of the applicant to finance the
2-24 project without state assistance; and
2-25 (5) for applications for grants or loans for
2-26 economically distressed areas or nonborder colonias, the regulatory
2-27 efforts by the county in which the project is located to control
3-1 the construction of subdivisions that lack basic utility services.
3-2 SECTION 5. Section 775.001, Government Code, is amended by
3-3 adding Subdivision (3) to read as follows:
3-4 (3) "Nonborder colonia" has the meaning assigned by
3-5 Section 15.001, Water Code.
3-6 SECTION 6. Section 775.002(c), Government Code, is amended to
3-7 read as follows:
3-8 (c) The colonia initiatives coordinator may work with the
3-9 other agencies and local officials involved in colonia projects in
3-10 the state to:
3-11 (1) coordinate efforts to address colonia issues;
3-12 (2) identify nonprofit self-help groups to help with
3-13 colonia initiatives;
3-14 (3) set goals for each state fiscal year for colonia
3-15 initiatives in the state, including goals to:
3-16 (A) address easement problems; and
3-17 (B) ensure that water and wastewater connections
3-18 are extended from distribution lines to houses located in colonias;
3-19 [and]
3-20 (4) ensure that the goals set under this subsection
3-21 are met each state fiscal year; and
3-22 (5) coordinate state outreach efforts to nonborder
3-23 colonias and to political subdivisions capable of providing water
3-24 and wastewater services to nonborder colonias.
3-25 SECTION 7. This Act takes effect immediately if it receives
3-26 a vote of two-thirds of all the members elected to each house, as
3-27 provided by Section 39, Article III, Texas Constitution. If this
4-1 Act does not receive the vote necessary for immediate effect, this
4-2 Act takes effect September 1, 2001.