79R3599 MFC-D
By: Guillen H.B. No. 2597
A BILL TO BE ENTITLED
AN ACT
relating to evaluation of applicants for financial assistance to
colonias and other economically distressed areas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter I, Chapter 487, Government Code, is
amended by adding Section 487.354 to read as follows:
Sec. 487.354. SUPPLEMENTAL QUESTIONNAIRE FOR EVALUATION OF
COLONIAS AND OTHER ECONOMICALLY DISTRESSED AREAS. (a) In this
section:
(1) "Colonia" means any 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:
(A) 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 this subchapter, as identified by office
rule;
(B) is determined by the office 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
(C) was in existence and generally recognized as
a colonia before November 28, 1990.
(2) "Economically distressed area" means an area
described by Section 17.921, Water Code, that is located in a county
that is eligible for funding under the community development block
grant program, as identified by office rule.
(b) As part of the application process for receiving
financial assistance under this subchapter, an applicant shall
submit to the office a supplemental questionnaire form. An
application may not be considered for an award of financial
assistance by the office without the completed questionnaire. The
office is not required to verify the accuracy of the information
provided by the applicant on the questionnaire. The office may, but
is not required to, award funds to an applicant under this
subchapter based on the applicant's score on a questionnaire.
(c) The supplemental questionnaire required under this
section must read as follows:
WATER:
Is potable water available in the colonia or economically
distressed area?YES NO
If YES, what percentage of homes have potable water service?
a) 0-25% b) 26-50% c) 51-75% d) 76-100%
WASTEWATER:
Is wastewater disposal available in the colonia or
economically distressed area?YES NO
If YES, what percentage of homes have an adequate authorized
sewer disposal system?
a) 0-25% b) 26-50% c) 51-75% d) 76-100%
TRASH:
Is trash collection available in the colonia or economically
distressed area?YES NO
If YES, what percentage of homes have an authorized solid
waste disposal service?
a) 0-25% b) 26-50% c) 51-75% d) 76-100%
ACCESS TO HEALTHCARE:
A. Is there a hospital in the county? YES NO
If YES, the name of the hospital is ____________________
The nearest hospital is ____ miles away.
B. Is there an emergency clinic/rural clinic/federally
qualified health center in the county?
If YES, the nearest clinic/health center in the county is
_____ miles away.
If YES, what type of clinic/health center is available?
_________________________
C. Are emergency medical services available in the
area?YES NO
TRANSPORTATION:
A. Are the streets and roads passable in all weather
conditions?YES NO
B. Is the area accessible by emergency vehicles?YES NO
C. Are streets and roads paved? YES NO
If YES, what percentage of streets and roads are paved?
a) 0-25% b) 26-50% c) 51-75% d) 76-100%
HOUSING:
What percentage of homes in the colonia or economically
distressed area appear to be in need of housing rehabilitation or
reconstruction?
a) 0-25% b) 26-50% c) 51-75% d) 76-100%
COMMUNICATIONS:
Are telephone services (cellular or land based)
available?YES NO
PLATTING:
Has the area been platted? YES NO
ENGINEERING:
What is the approximate cost per connection or housing unit
for the project?
GENERAL:
Please explain the selection of this particular colonia or
economically distressed area as a candidate for financial
assistance. Include all aspects that identify the rationale for
this colonia or economically distressed area being selected for an
award of financial assistance.
(d) A score for the supplemental questionnaire required
under this section shall be computed using the following point
system:
Max
WATER a) 2.5 b) 5 c) 7.5 d) 10 10
WASTEWATER a) 2.5 b) 5 c) 7.5 d) 10 10
TRASH a) 2.5 b) 5 c) 7.5 d) 10 10
ACCESS TO
HEALTHCARE a) Yes 3; No 0 b) Yes 3; No 0 c) Yes 4; No 0
10
TRANSPORTATION A&B a) Yes 2; No 0 b) Yes 2; No 0 4
TRANSPORTATION C a) 1.5 b) 3 c) 4.5 d) 6 6
HOUSING a) 2.5 b) 5 c) 7.5 d) 10 10
COMMUNICATIONS Yes 10 No 0 10
PLATTING Yes 10 No 0 10
TOTAL POSSIBLE SCORE 80
(e) Before the beginning of each regular session of the
legislature, the office shall submit to the lieutenant governor,
speaker of the house of representatives, and each other member of
the legislature a report of all financial assistance provided under
this chapter in the two years preceding the date of compilation of
the report. For each applicant receiving funds under this chapter,
the report shall include the applicant's score on the supplemental
questionnaire.
SECTION 2. Subchapter F, Government Code, is amended by
adding Section 2306.1115 to read as follows:
Sec. 2306.1115. SUPPLEMENTAL QUESTIONNAIRE FOR EVALUATION
OF COLONIAS AND OTHER ECONOMICALLY DISTRESSED AREAS. (a) In this
section:
(1) "Colonia" has the meaning assigned by Section
2306.581, Government Code.
(2) "Economically distressed area" has the meaning
assigned by Section 17.921, Water Code.
(b) As part of the application process for receiving funds
under this chapter, an applicant applying for financial assistance
for an economically distressed area or a colonia shall submit to the
department a supplemental questionnaire form. An application for
financial assistance for an economically distressed area or colonia
may not be considered for funding by the department without the
completed questionnaire. The department is not required to verify
the accuracy of the information provided by the applicant on the
questionnaire. The department may, but is not required to, award
funds to an applicant under this chapter based on the applicant's
score on a questionnaire.
(c) The supplemental questionnaire required by Subsection
(b) must read as follows:
WATER:
Is potable water available in the colonia or economically
distressed area?YES NO
If YES, what percentage of homes have potable water service?
a) 0-25% b) 26-50% c) 51-75% d) 76-100%
WASTEWATER:
Is wastewater disposal available in the colonia or
economically distressed area?YES NO
If YES, what percentage of homes have an adequate authorized
sewer disposal system?
a) 0-25% b) 26-50% c) 51-75% d) 76-100%
TRASH:
Is trash collection available in the colonia or economically
distressed area?YES NO
If YES, what percentage of homes have an authorized solid
waste disposal service?
a) 0-25% b) 26-50% c) 51-75% d) 76-100%
ACCESS TO HEALTHCARE:
A. Is there a hospital in the county? YES NO
If YES, the name of the hospital is ____________________
The nearest hospital is ____ miles away.
B. Is there an emergency clinic/rural clinic/federally
qualified health center in the county?
If YES, the nearest clinic/health center in the county is
_____ miles away.
If YES, what type of clinic/health center is available?
_________________________
C. Are emergency medical services available in the
area?YES NO
TRANSPORTATION:
A. Are the streets and roads passable in all weather
conditions?YES NO
B. Is the area accessible by emergency vehicles?YES NO
C. Are streets and roads paved? YES NO
If YES, what percentage of streets and roads are paved?
a) 0-25% b) 26-50% c) 51-75% d) 76-100%
HOUSING:
What percentage of homes in the colonia or economically
distressed area appear to be in need of housing rehabilitation or
reconstruction?
a) 0-25% b) 26-50% c) 51-75% d) 76-100%
COMMUNICATIONS:
Are telephone services (cellular or land based)
available?YES NO
PLATTING:
Has the area been platted? YES NO
ENGINEERING:
What is the approximate cost per connection or housing unit
for the project?
GENERAL:
Please explain the selection of this particular colonia or
economically distressed area as a candidate for financial
assistance. Include all aspects that identify the rationale for
this colonia or economically distressed area being selected for an
award of financial assistance.
(d) A score for the supplemental questionnaire required
under this section shall be computed using the following point
system:
Max
WATER a) 2.5 b) 5 c) 7.5 d) 10 10
WASTEWATER a) 2.5 b) 5 c) 7.5 d) 10 10
TRASH a) 2.5 b) 5 c) 7.5 d) 10 10
ACCESS TO
HEALTHCARE a) Yes 3; No 0 b) Yes 3; No 0 c) Yes 4; No 0
10
TRANSPORTATION A&B a) Yes 2; No 0 b) Yes 2; No 0
4
TRANSPORTATION C a) 1.5 b) 3 c) 4.5 d) 6
6
HOUSING a) 2.5 b) 5 c) 7.5 d) 10 10
COMMUNICATIONS Yes 10 No 0 10
PLATTING Yes 10 No 0 10
TOTAL POSSIBLE SCORE 80
(e) Before the beginning of each regular session of the
legislature, the department shall submit to the lieutenant
governor, speaker of the house of representatives, and each other
member of the legislature a report of all financial assistance
provided under this chapter in the two years preceding the date of
compilation of the report. For each applicant receiving funds
under this chapter, the report shall include the applicant's score
on the supplemental questionnaire.
SECTION 3. Section 17.927, Water Code, is amended by adding
Subsections (e), (f), (g), and (h) to read as follows:
(e) As part of the application process for receiving
financial assistance under this subchapter, the applicant shall
submit to the board a supplemental questionnaire form. An
application for financial assistance may not be considered for an
award of financial assistance by the board without the completed
questionnaire. The board is not required to verify the accuracy of
the information provided by the applicant on the questionnaire.
The board may, but is not required to, award funds to an applicant
under this chapter based on the applicant's score on a
questionnaire.
(f) The supplemental questionnaire required by Subsection
(e) must read as follows:
WATER:
Is potable water available in the economically distressed
area?YES NO
If YES, what percentage of homes have potable water service?
a) 0-25% b) 26-50% c) 51-75% d) 76-100%
WASTEWATER:
Is wastewater disposal available in the economically
distressed area?YES NO
If YES, what percentage of homes have an adequate authorized
sewer disposal system?
a) 0-25% b) 26-50% c) 51-75% d) 76-100%
TRASH:
Is trash collection available in the economically distressed
area?YES NO
If YES, what percentage of homes have an authorized solid
waste disposal service?
a) 0-25% b) 26-50% c) 51-75% d) 76-100%
ACCESS TO HEALTHCARE:
A. Is there a hospital in the county? YES NO
If YES, the name of the hospital is ____________________
The nearest hospital is ____ miles away.
B. Is there an emergency clinic/rural clinic/federally
qualified health center in the county?
If YES, the nearest clinic/health center in the county is
_____ miles away.
If YES, what type of clinic/health center is available?
_________________________
C. Are emergency medical services available in the
area?YES NO
TRANSPORTATION:
A. Are the streets and roads passable in all weather
conditions?YES NO
B. Is the area accessible by emergency vehicles?YES NO
C. Are streets and roads paved? YES NO
If YES, what percentage of streets and roads are paved?
a) 0-25% b) 26-50% c) 51-75% d) 76-100%
HOUSING:
What percentage of homes in the economically distressed area
appear to be in need of housing rehabilitation or reconstruction?
a) 0-25% b) 26-50% c) 51-75% d) 76-100%
COMMUNICATIONS:
Are telephone services (cellular or land based)
available?YES NO
PLATTING:
Has the area been platted? YES NO
ENGINEERING:
What is the approximate cost per connection or housing unit
for the project?
GENERAL:
Please explain the selection of this particular economically
distressed area as a candidate for financial assistance. Include
all aspects that identify the rationale for this economically
distressed area being selected for an award of financial
assistance.
(g) A score for the supplemental questionnaire required
under this section shall be computed using the following point
system:
Max
WATER a) 2.5 b) 5 c) 7.5 d) 10 10
WASTEWATER a) 2.5 b) 5 c) 7.5 d) 10 10
TRASH a) 2.5 b) 5 c) 7.5 d) 10 10
ACCESS TO
HEALTHCARE a) Yes 3; No 0 b) Yes 3; No 0 c)Yes 4; No 0
10
TRANSPORTATION A&B a) Yes 2; No 0 b) Yes 2; No 0
4
TRANSPORTATION C a) 1.5 b) 3 c) 4.5 d) 6
6
HOUSING a) 2.5 b) 5 c) 7.5 d) 10 10
COMMUNICATIONS Yes 10 No 0 10
PLATTING Yes 10 No 0 10
TOTAL POSSIBLE SCORE 80
(h) Before the beginning of each regular session of the
legislature, the board shall submit to the lieutenant governor,
speaker of the house of representatives, and each other member of
the legislature a report of all financial assistance provided under
this chapter in the two years preceding the date of compilation of
the report. For each applicant receiving funds under this chapter,
the report shall include the applicant's score on the supplemental
questionnaire.
SECTION 4. This Act applies only to an application for
financial assistance from the Office of Rural Community Affairs,
the Texas Department of Housing and Community Affairs, or the Texas
Water Development Board that is received on or after the effective
date of this Act. An application for financial assistance that is
received before the effective date of this Act is governed by the
law in effect at the time the application was made, and the former
law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2005.