BILL ANALYSIS
By: Gonzales
Border and International Affairs
BACKGROUND AND PURPOSE
Currently, the Office of Rural Community Affairs (ORCA) receives a community development block grant from the federal government via the United States Department of Housing and Urban Development to develop viable communities by providing decent housing and suitable living environments and expanding economic opportunities principally for persons of low and moderate income.
House Bill 775 provides that ORCA shall adopt a rule requiring a political subdivision that receives community development block grant money to allocate between five and fifteen percent of the funds toward the installation of street lighting in colonias.
RULEMAKING AUTHORITY
It is the committee’s opinion that rulemaking authority is expressly granted to the Office of Rural Community Affairs in SECTION 1 (Sec. 487.354, Government Code) of this bill.
ANALYSIS
SECTION 1 Amends Subchapter I, Chapter 487, Government Code, by adding Chapter Section 487.354 relating to financial assistance for the installation of street lights in colonias.
Section 487.354, Government Code, requires the Office of Rural Community Affairs to adopt a rule requiring a political subdivision that receives community development block grant program money targeted toward street improvement projects to allocate not less than five percent (5%) and no more than fifteen percent (15%) of the funds to enable the installation of adequate street lighting in colonias.
Section 487.354, Government Code, defines a colonia as an identifiable unincorporated community or an identifiable community annexed by a municipality and eligible for assistance as described by Section 43.907(b), Local Government Code, that is located within 150 miles of the international border of this state in a county that is eligible to receive financial assistance from the community development block grant colonia fund under Subchapter I, Chapter 487, Government Code, as identified by Office of Rural Community Affairs rule, is determined by the Office of Rural Community Affairs to be a colonia on the basis of objective criteria, including lack of potable water supply, lack of adequate sewage systems, and lack of decent, safe, and sanitary housing, and was in existence and generally recognized as a colonia before November 28, 1990.
SECTION 2 Sec. 487.354, Government Code, applies only to allocations of community development block grant funds of which the application cycle for the funds begins on or after September 1, 2005.
The rule required by Sec. 487.354(b) shall be adopted no later than November 1, 2005.
SECTION 3 The effective date of this Act is September 1, 2005.
EFFECTIVE DATE
September 1, 2005
Committee amendment number 1 deletes the provision that the funding allocation requirement apply only to colonias within 150 miles of the international border of this state.