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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of affordable housing and other services |
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in the Lower Rio Grande Valley. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 301, Labor Code, is |
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amended by adding Section 301.070 to read as follows: |
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Sec. 301.070. LOCAL HIRING PROGRAM IN LOWER RIO GRANDE |
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VALLEY. (a) This section applies only to employment arising in |
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connection with a federal or state contract or grant in relation to |
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a public construction project in the Lower Rio Grande Valley. |
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(b) The commission shall develop, promulgate, monitor, and |
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enforce regulations necessary to ensure that, to the greatest |
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extent feasible, and consistent with existing federal, state, and |
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local laws and regulations, opportunities for training and |
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employment are given to persons of low and very low income who |
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reside in the census tract, metropolitan area, or county in which |
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the project described by Subsection (a) is located. |
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(c) The commission shall use existing services or |
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procedures to provide job information services, job referral, and |
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reporting and tracking to support the goals and activities provided |
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under this section. |
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(d) The commission shall establish uniform procedures for |
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state agencies to use and provisions to include in contracts and |
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grant agreements to implement this section. The commission shall |
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establish uniform penalties and sanctions to be applied to secure |
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the hiring and contracting outcomes required under this section. |
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(e) The commission may establish incentives to be awarded to |
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contractors who comply with the hiring and contracting requirements |
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under this section. |
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(f) The commission shall give priority to establishing |
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requirements that provide that: |
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(1) not less than 30 percent of the persons employed to |
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carry out a project are persons of low and very low income residing |
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within the smallest geographic service area in which the project is |
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located; and |
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(2) not less than 15 percent of contracts or |
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subcontracts are awarded to business concerns that provide economic |
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opportunities for persons of low and very low income who reside in |
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the area in which the project is located. |
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(g) In this section, "a business concern that provides |
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economic opportunities" means a business concern that meets |
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criteria established by the commission. |
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SECTION 2. Subtitle C, Title 12, Local Government Code, is |
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amended by adding Chapter 394A to read as follows: |
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CHAPTER 394A. LOWER RIO GRANDE VALLEY COLONIA AND REGIONAL |
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HOUSING DEVELOPMENT INITIATIVE |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 394A.001. DEFINITIONS. In this chapter: |
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(1) "Authority" means the Land Use, Colonia, and |
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Housing Authority established under Section 394A.151. |
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(2) "Board" means the board of directors of the |
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authority. |
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(3) "Council" means the Lower Rio Grande Valley |
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Development Council. |
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(4) "Development district" means an enhanced urban |
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residential development district established under Subchapter F. |
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(5) "District" means a colonia improvement district |
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established under Subchapter E. |
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Sec. 394A.002. APPLICABILITY. This chapter applies only to |
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Cameron, Hidalgo, and Willacy Counties and the Lower Rio Grande |
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Valley Development Council. |
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SUBCHAPTER B. POWERS AND DUTIES OF COUNCIL |
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Sec. 394A.051. POWERS AND DUTIES OF COUNCIL. In |
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administering this chapter, the council shall: |
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(1) employ staff to carry out housing planning and |
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program contracting activities; |
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(2) provide for the maximum feasible participation of |
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persons of low, very low, and extremely low income and residents of |
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colonias, colonia improvement districts, and enhanced urban |
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residential development districts in the programs established |
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under this chapter; |
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(3) utilize nonprofit housing providers located |
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within the region to carry out housing activities unless the |
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authority makes a determination through a competitive procurement |
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process that: |
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(A) nonprofit housing providers in the region |
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cannot provide the services; or |
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(B) the cost of services would be materially in |
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excess of that of other providers; |
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(4) prepare a regional analysis of impediments to fair |
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housing in a manner consistent with the requirements of the United |
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States Department of Housing and Urban Development and: |
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(A) adopt plans, administer programs, and expend |
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resources in a manner that addresses the issues identified in the |
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analysis; and |
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(B) provide an annual statement on its website |
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detailing the progress made implementing action steps to overcome |
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the impediments identified in the analysis; |
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(5) provide information to state and federal agencies, |
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as needed; |
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(6) maintain on its website a list of associations |
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representing low-income persons and colonias; |
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(7) maintain and post on its website all transcripts, |
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accounts, minutes, and other records related to the meetings of the |
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authority; and |
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(8) adopt and implement a local and regional hiring |
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plan that is consistent with: |
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(A) Section 394A.057; |
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(B) Section 301.070, Labor Code; and |
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(C) standards and regulations adopted by the |
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United States Department of Housing and Urban Development and the |
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General Land Office. |
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Sec. 394A.052. HOUSING AND COMMUNITY DEVELOPMENT INVENTORY |
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AND MARKET ASSESSMENT. (a) Every five years, the council shall |
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prepare for review and approval by the authority a regional |
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assessment of community development conditions in colonias that |
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includes an assessment of public services and facilities and |
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housing availability, affordability, conditions, needs, and market |
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demand. |
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(b) To determine housing needs under Subsection (a), the |
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council shall use the methodology established by the United States |
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Department of Housing and Urban Development to assess worst-case |
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housing needs of homeowners and renters. |
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Sec. 394A.053. AFFORDABLE HOUSING PLAN. (a) Annually the |
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council shall develop for review and approval by the authority a |
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plan to expend resources made available to the council under this |
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chapter for owner and renter occupied housing. |
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(b) The council's housing program allocations, housing |
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policies, and community development policies impacting housing |
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shall be consistent with those necessary to prioritize assistance |
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to worst-case housing needs of homeowners and renters identified |
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through the assessment conducted under Section 394A.052. |
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Sec. 394A.054. ADMINISTRATION OF FUNDS. (a) In |
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administering funds under this chapter, the council shall: |
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(1) expend no more than eight percent of available |
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funds for program administration purposes; |
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(2) ensure that administrative expenses are |
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consistent with any requirements or restrictions imposed by a grant |
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or funding source; |
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(3) expend funds in a manner that benefits households |
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of low, very low, and extremely low income at levels proportionate |
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to their percentage of households in the region that have |
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worst-case housing needs; |
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(4) ensure that programs are efficiently and promptly |
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administered; and |
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(5) allocate money in a manner that is consistent with |
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an affordable housing plan adopted under Section 394A.053. |
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(b) To ensure efficient implementation of the programs |
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provided under this chapter, a state agency that transfers funds to |
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the council may: |
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(1) establish expenditure schedules for money |
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provided to the council under this chapter; |
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(2) reclaim funds that are not spent in a manner |
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consistent with a schedule established under Subdivision (1); and |
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(3) redistribute funds reclaimed under Subdivision |
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(2) to support affordable housing in the region in a manner that is |
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consistent with this chapter. |
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Sec. 394A.055. COOPERATION WITH COLONIA OMBUDSPERSONS. (a) |
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The council shall enter into an agreement with the secretary of |
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state to assign colonia ombudspersons currently working in the |
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region to cooperate with the council to carry out the purposes, |
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activities, and plans established in this chapter. |
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(b) The colonia ombudspersons shall support the council in |
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carrying out this chapter by producing, updating, and maintaining |
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an accurate publicly available database of colonias that documents |
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the availability, conditions, and adequacy of housing and public |
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services in those colonias, including streetlights, storm |
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drainage, garbage collection, public transportation, roads, |
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sidewalks, distance to the schools that serve the colonia, commute |
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times for students to those schools, and distance to essential |
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services, including hospitals and grocery stores. |
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Sec. 394A.056. MODEL SUBDIVISION RULES; STUDY, |
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MODIFICATION, AND ENFORCEMENT. (a) In conjunction with the |
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colonia ombudspersons, the council shall review ongoing compliance |
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with existing model subdivision rules in colonias and new |
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subdivisions and survey the effectiveness of existing model |
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subdivision rules by examining health and safety conditions in |
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subdivisions developed under existing rules. |
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(b) Based on the review conducted under Subsection (a), the |
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council shall recommend to the counties in its jurisdiction any |
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necessary changes to model subdivision rules needed to: |
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(1) protect the health, safety, and financial |
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condition of the residents of affected subdivisions and colonias; |
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and |
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(2) ensure that colonias are provided infrastructure |
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that will facilitate their annexation into adjacent incorporated |
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cities. |
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(c) The council shall determine and recommend to a county |
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commissioners court any necessary additional public improvements |
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to the model subdivision rules not currently required in order to |
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provide essential public safety amenities, including sidewalks, |
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streetlights, safe roads, access to public transportation and |
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schools, and proper interconnection with transportation systems. |
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(d) The council shall investigate issues of noncompliance |
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with the model subdivision rules, refer noncompliance issues to the |
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appropriate county attorney, and consider initiating enforcement |
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actions. |
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(e) On receipt of a petition filed in a manner prescribed by |
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the council and signed by residents comprising five percent of the |
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total households residing in a colonia, the council, with the |
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approval of the authority, may initiate a legal action on behalf of |
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residents of the colonia to enforce model subdivision rules by |
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suing the developer of the colonia for a violation of the rules. |
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(f) The council may utilize available funds and apply for |
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grants and other funding sources to support the cost of dedicated |
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personnel within the county attorney's office to enforce model |
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subdivision rules. |
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Sec. 394A.057. REGIONAL HIRING PLAN; ADVISORY COMMITTEE. |
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(a) The council, with the approval of the authority, shall |
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establish a regional hiring plan that complies with Section |
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301.070, Labor Code. The plan must provide for outreach to workers |
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and qualified businesses, public information, job training |
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activities, compliance certification, and reporting requirements |
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for hiring for projects using financial assistance provided by the |
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council. |
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(b) Reporting requirements under the plan must provide for |
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monthly reports which detail for each grant or contract the number |
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of workers hired and retained, the number of hours worked, and the |
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amount of gross wages paid. |
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(c) The council shall establish a monitoring and advisory |
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committee to review reports submitted under this section. The |
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committee shall advise the council and the authority regarding the |
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effectiveness of the plan and the plan's compliance with Section |
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301.070, Labor Code. |
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SUBCHAPTER C. FINANCING OF PROGRAMS |
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Sec. 394A.101. COMMUNITY DEVELOPMENT BLOCK GRANT COLONIA |
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SET-ASIDE. The Department of Agriculture shall transfer to the |
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council each year a portion of the community development block |
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grant allocation received from the United States Department of |
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Housing and Urban Development that is required under federal law to |
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be used in colonias. The amount transferred shall be calculated |
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based on Cameron, Hidalgo, and Willacy Counties' pro rata share of |
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the number of colonia residents in this state as determined by the |
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secretary of state. The council shall provide reports and maintain |
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records as required by the Department of Agriculture for purposes |
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of accounting, compliance, and reporting to the United States |
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Department of Housing and Urban Development. The Department of |
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Agriculture shall transfer a proportionate share of the state's |
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community development block grant allocation of administrative |
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funds to the council to carry out activities under this chapter. |
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Sec. 394A.102. TRANSPORTATION AND PUBLIC SAFETY RESOURCES. |
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The Texas Department of Transportation and the Texas Department of |
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Public Safety shall cooperate with the council to identify funding |
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resources and prioritize existing regional funding for a colonia |
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public safety program. |
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Sec. 394A.103. SETTLEMENT FUNDS FROM COLONIA ENFORCEMENT |
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LITIGATION. The attorney general shall transfer to the council for |
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use in carrying out activities authorized under this chapter funds |
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in excess of attorney's fees secured through litigation related to |
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colonias and model subdivision rules in cases arising in Cameron, |
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Hidalgo, and Willacy Counties. |
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Sec. 394A.104. OTHER FUNDS. The council may apply for |
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grants and use other funds available to it to carry out the purposes |
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of this chapter. |
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SUBCHAPTER D. LAND USE, COLONIA, AND HOUSING AUTHORITY |
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Sec. 394A.151. LAND USE, COLONIA, AND HOUSING AUTHORITY. |
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The council shall establish a Land Use, Colonia, and Housing |
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Authority. |
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Sec. 394A.152. POWERS AND DUTIES OF AUTHORITY. The |
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authority shall: |
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(1) review and approve the housing and community |
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development inventory and market assessment developed under |
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Section 394A.052; |
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(2) review and approve the affordable housing plan |
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developed under Section 394A.053; |
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(3) review and approve the regional low-income housing |
|
tax credit enhancements provided under Section 2306.67251, |
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Government Code; |
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(4) cooperate with existing local housing finance |
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corporations; |
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(5) approve the establishment of colonia improvement |
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districts under Subchapter E; |
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(6) approve colonia improvement district plans; |
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(7) assess the effectiveness of and make |
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recommendations for the model subdivision rules; |
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(8) approve enhanced urban residential development |
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districts and related incentives; |
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(9) oversee the colonia covenant enactment and |
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enforcement program; |
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(10) monitor and advise the council on all activities |
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under the authority's jurisdiction; |
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(11) develop a plan for the allocation of resources |
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provided under Section 394A.102; and |
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(12) establish a citizen participation process |
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designed to secure effective involvement of the intended |
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beneficiaries of the activities, funds, programs, and policies |
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established by or administered under this chapter. |
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Sec. 394A.153. BOARD; QUALIFICATIONS OF MEMBERS. (a) The |
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authority is governed by a board appointed by the council. |
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(b) The council shall appoint to the board from each county: |
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(1) the county judge; |
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(2) the mayor of the most populous municipality; |
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(3) an elected official from a municipality not |
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described by Subdivision (2); |
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(4) a county director of planning; |
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(5) a resident of a colonia; |
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(6) a representative of a nonprofit organization |
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representing colonia residents; and |
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(7) a person of extremely low or very low income living |
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in an incorporated area. |
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(c) At least one member selected under Subsection (b)(3) |
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must be from a municipality with a population of less than 5,000. |
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(d) The council shall establish rules and procedures to |
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prevent conflicts of interest on the part of members. A person may |
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not be a member of the board if the person or the person's spouse: |
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(1) is employed by or participates in the management |
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of a business entity or other organization regulated by or |
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receiving money from the authority; |
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(2) owns or controls, directly or indirectly, more |
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than a 10 percent interest in a business entity or other |
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organization regulated by or receiving money from the authority; or |
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(3) uses or receives a substantial amount of tangible |
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goods, services, or money from the authority other than |
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compensation or reimbursement authorized by law for board |
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membership, attendance, or expenses. |
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Sec. 394A.154. TERMS OF MEMBERS. Members appointed under |
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Sections 394A.153(b)(1)-(4) are eligible to serve as long as the |
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member holds the office or position which qualified them for the |
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appointment. All other members serve staggered three-year terms |
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with the terms of three members expiring each year. |
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Sec. 394A.155. MEETINGS OF AUTHORITY. (a) The authority's |
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internal auditor, fraud prevention coordinator, or ethics advisor |
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may meet in an executive session of the board to discuss issues |
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related to fraud, waste, or abuse. |
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(b) Meetings of the authority are subject to the open |
|
meetings law, Chapter 551, Government Code. Authority board members |
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shall receive training in the requirements of that chapter. |
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(c) The authority: |
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(1) may hold meetings when called by the presiding |
|
officer or seven of the members; |
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(2) shall keep minutes and complete transcripts of |
|
meetings; |
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(3) shall post on the council's website not later than |
|
the third day before the date of a board meeting all materials |
|
provided to the board that are relevant to a matter proposed for |
|
discussion at the meeting; |
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(4) shall make available in hard copy format to the |
|
members of the public in attendance at the meeting any materials |
|
provided to the board by the council at a board meeting; |
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(5) shall provide for public comment for each item on |
|
the board's agenda at the meeting after the presentation made by |
|
council staff and the motions made by the board on that topic; and |
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(6) shall adopt rules that give the public a |
|
reasonable amount of time for testimony at meetings. |
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Sec. 394A.156. ADOPTION OF AFFORDABLE HOUSING PLAN; HEARING |
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REQUIRED. (a) Prior to adopting the plan developed under Section |
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394A.053, the authority shall hold a public hearing in each county |
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in an area that is convenient and proximate to large populations of |
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colonia residents. |
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(b) Hearings shall be held not earlier than 5:30 p.m. or |
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later than 8:00 p.m. |
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(c) The authority shall mail a notice of the hearing in |
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English and Spanish to any association listed on the council |
|
website that represents low-income persons and colonias. |
|
(d) Professional simultaneous translation from English to |
|
Spanish and from Spanish to English shall be provided at the |
|
hearing. |
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(e) No fewer than nine authority board members must be |
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present at each public hearing. |
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Sec. 394A.157. ENACTMENT OF RESTRICTIVE COVENANTS. (a) |
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Notwithstanding any other law, on petition of 51 percent of the |
|
residents of a colonia the authority may enact a restrictive |
|
covenant in the colonia that provides for: |
|
(1) residential or commercial building standards or |
|
codes; |
|
(2) maximum impervious cover on a lot; |
|
(3) permitted land uses; |
|
(4) non-permitted nuisances; |
|
(5) a program and fee for solid waste services to be |
|
paid by residents and property owners; or |
|
(6) a program and fee for street lighting to be paid by |
|
residents and property owners. |
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(b) Before enacting a restrictive covenant, the authority |
|
shall: |
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(1) hold a public hearing in the manner provided by |
|
this section; and |
|
(2) determine the extent to which existing conditions |
|
to be addressed by the proposed covenant negatively affect the |
|
health, safety, and real property values of the residents and |
|
property owners of the colonia. |
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(c) The hearing required under Subsection (b)(1) shall be |
|
held in the colonia if suitable meeting facilities are available |
|
or, if suitable meeting facilities are not available, in the |
|
closest suitable and available public facility. |
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(d) The hearing must be held not earlier than 5:30 p.m. or |
|
later than 8:00 p.m. |
|
(e) Not earlier than the 10th day before the hearing date, |
|
the authority shall: |
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(1) post at the entrance of the colonia in English and |
|
Spanish notice of the hearing on a sign that is not less than eight |
|
square feet; and |
|
(2) mail to each resident and property owner in the |
|
colonia by regular mail a notice of the hearing in English and |
|
Spanish. |
|
(f) Professional simultaneous translation from English to |
|
Spanish and from Spanish to English must be provided at the hearing. |
|
(g) No fewer than nine authority board members must be |
|
present at the public hearing. |
|
(h) A restrictive covenant enacted under this section may be |
|
enforced by a resident or a property owner of the colonia or by the |
|
council with approval of the authority in response to an |
|
enforcement petition as provided by Subsection (i). |
|
(i) The authority, on receipt of a petition filed in a |
|
manner prescribed by the council and signed by five percent of the |
|
residents in a colonia, may initiate a legal action on behalf of |
|
residents of a colonia to enforce restrictive covenants by suing |
|
for a violation of a covenant recorded in a plan, plat, or replat or |
|
a covenant enacted under this section. |
|
(j) The council, with approval of the authority, shall |
|
develop rules and guidelines for the petition and public hearing |
|
process required under this section. |
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SUBCHAPTER E. COLONIA IMPROVEMENT DISTRICTS |
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Sec. 394A.201. COLONIA IMPROVEMENT DISTRICTS. (a) The |
|
authority may establish a colonia improvement district only on |
|
receipt of a petition, in a manner prescribed by the authority, that |
|
represents not less than 51 percent of the households residing in |
|
the proposed district. |
|
(b) A district shall facilitate comprehensive planning for |
|
housing, community development needs, public infrastructure, and |
|
public services in colonias. |
|
(c) A district shall be staffed by the council and may plan |
|
and administer programs in colonias. |
|
(d) The council may use resources available to it under this |
|
chapter to assist in the creation, administration, and management |
|
of a district. |
|
(e) A district may be comprised of one or more contiguous or |
|
noncontiguous colonias located in an unincorporated area of a |
|
county. |
|
Sec. 394A.202. DISTRICT BOARD. On designation of an area as |
|
a district, the authority shall establish a process for the |
|
election by residents of a district board composed of five |
|
residents for each 1,000 households located within the district. |
|
Actions of the authority in carrying out programs and activities |
|
under this section are subject to the approval of the district |
|
board. |
|
Sec. 394A.203. FUNCTIONS OF DISTRICT. (a) Subject to the |
|
advice and consent of a district board, the authority may: |
|
(1) establish a management district to carry out |
|
functions permitted under state law; |
|
(2) adopt a binding land use plan governing permitted |
|
land uses; |
|
(3) establish minimum standards for residential and |
|
nonresidential structures and contract with a municipality or |
|
county to enforce those standards; |
|
(4) establish and administer a tax increment |
|
reinvestment zone or tax increment financing to fund housing |
|
improvements and repairs or provide public services and public |
|
facilities; |
|
(5) impose and collect fees for services provided by |
|
the authority; |
|
(6) withhold services from and assess reasonable |
|
penalties against persons who are delinquent in the payment of a fee |
|
imposed by Subdivision (5); and |
|
(7) consistent with the powers of a homeowners' |
|
association, place a lien on real property to secure payment of fees |
|
and fines. |
|
(b) Before imposing a fee under Subsection (a)(5), the |
|
authority shall provide information to persons subject to the fee |
|
to inform them of the cost of services and consequences for failure |
|
to pay fees. |
|
(c) The failure of a person to satisfy a lien imposed under |
|
Subsection (a)(7) is not cause to foreclose the lien. |
|
(d) The authority may enter into a contract for improvements |
|
and services in a district with units of government, the council, |
|
private entities, and individuals. The council shall award |
|
contracts for goods and services in a manner that is consistent with |
|
the requirements of this chapter. |
|
Sec. 394A.204. COMPREHENSIVE NEEDS ASSESSMENT AND PLANNING |
|
STUDY. On establishment of a district the council shall, for each |
|
colonia in the district, begin a comprehensive needs assessment and |
|
planning study that employs community planners to work in |
|
cooperation with residents of the district, county officials, and |
|
nearby city officials to assess housing, public services, and |
|
public infrastructure needs including: |
|
(1) essential public services; |
|
(2) transportation; |
|
(3) solid waste disposal; |
|
(4) drainage; |
|
(5) land use regulation; |
|
(6) building codes; |
|
(7) health codes; |
|
(8) hazardous conditions; |
|
(9) provisions of utilities; |
|
(10) public safety; |
|
(11) sidewalks; |
|
(12) elimination of blight; |
|
(13) streetlights; |
|
(14) energy savings and efficiencies; |
|
(15) parks and recreational facilities; and |
|
(16) development of underutilized or abandoned |
|
property. |
|
Sec. 394A.205. DISTRICT PLAN. (a) Before any improvements |
|
or activities that will have a financial impact on residents of a |
|
district are undertaken, the authority shall: |
|
(1) prepare and approve a plan to address the needs |
|
established in the assessment conducted under Section 394A.204; |
|
(2) identify appropriate resources and funding |
|
strategies necessary to implement the plan; and |
|
(3) coordinate with county and municipal officials for |
|
implementation of the plan. |
|
(b) A plan shall emphasize improving the housing, public |
|
services, and public infrastructure within a colonia to a level |
|
that will facilitate the annexation of a colonia into adjacent |
|
municipalities when appropriate. |
|
(c) The authority shall ensure that, taking into account the |
|
household incomes of residents of a colonia, the financial impacts |
|
of the plan do not constitute an excessive or unreasonable |
|
financial burden. The authority shall develop a method for |
|
determining excessive financial burden that takes into account |
|
housing costs, property taxes, utilities, and payments and fees |
|
paid to the district. The authority shall hold public hearings |
|
regarding the calculation of excessive financial burden under this |
|
section. |
|
Sec. 394A.206. EXPANSION OF DISTRICT. On receipt of a |
|
petition from 51 percent of the households residing in a colonia |
|
desiring inclusion in an existing district, the authority may |
|
expand the district to include the colonia. |
|
Sec. 394A.207. ANNEXATION OF COLONIA BY MUNICIPALITY. (a) |
|
In order to provide and maintain public services, the council shall |
|
coordinate with residents of a district and adjacent municipalities |
|
to provide planning and financial assistance to encourage the |
|
annexation of a colonia by a municipality as appropriate and when |
|
consistent with the interests and desires of the residents of the |
|
district. |
|
(b) When financial incentives are provided to a |
|
municipality to facilitate annexation of a colonia, the authority |
|
shall require the municipality to enter into a binding agreement |
|
providing that not more than four years after annexation public |
|
services and facilities will be fully provided to the annexed |
|
colonia in a manner substantially equal to those provided to the |
|
rest of the municipality. |
|
(c) The authority may enter into an agreement with a |
|
municipality to extend the time an annexing municipality is |
|
required to provide full public services to a colonia as necessary |
|
to provide incentives for annexation. In entering into an |
|
agreement to delay the provision of services to an annexed colonia, |
|
the authority shall require that any municipal taxes imposed on the |
|
newly annexed colonia be reduced during the period when full public |
|
services are not provided. |
|
Sec. 394A.208. DISTRICT SAFETY PROGRAM. The council shall |
|
cooperate with the appropriate regional engineers of the Texas |
|
Department of Transportation and the Texas Department of Public |
|
Safety to develop, identify, and secure funding for a public safety |
|
program for a district. A program developed under this section |
|
shall coordinate the provision of street lighting utilizing money |
|
allocated for that purpose. |
|
Sec. 394A.209. COORDINATION OF COLONIA SELF-HELP CENTER |
|
ACTIVITIES IN DISTRICT. The council and the Texas Department of |
|
Housing and Community Affairs shall cooperate to direct the |
|
activities of colonia self-help centers to target districts |
|
established under this subchapter. |
|
SUBCHAPTER F. ENHANCED URBAN RESIDENTIAL DEVELOPMENT DISTRICTS |
|
Sec. 394A.251. ENHANCED URBAN RESIDENTIAL DEVELOPMENT |
|
DISTRICT. On application by a municipality accompanied by a |
|
petition bearing the signature of not less than 51 percent of the |
|
residents of the proposed enhanced urban residential development |
|
district, the authority may designate one or more areas within the |
|
extraterritorial jurisdiction of the municipality as an enhanced |
|
urban residential development district to: |
|
(1) prevent the proliferation of substandard colonias |
|
and suburban sprawl in unincorporated areas; and |
|
(2) promote quality, affordable, and orderly |
|
residential development through building standards, land use |
|
planning, and financial incentives for public improvements and |
|
housing assistance. |
|
Sec. 394A.252. CONSIDERATION AND APPROVAL OF APPLICATION. |
|
(a) In considering an application for the establishment of a |
|
development district, the authority shall apply criteria developed |
|
and adopted by the authority. |
|
(b) The authority shall grant or deny preliminary approval |
|
for the establishment of a development district not later than the |
|
180th day after receipt of a valid application and petition. |
|
(c) Not later than the 30th day after preliminary approval |
|
by the authority, the applying municipality shall establish a |
|
citizen participation plan acceptable to the authority to permit |
|
residents and property owners within the proposed development |
|
district to participate in the production of a comprehensive plan |
|
for the development district. The terms of the public |
|
participation process must comply with the requirements provided |
|
for the establishment of a colonia improvement district in |
|
Subchapter E. |
|
(d) Not later than the 180th day after preliminary approval |
|
by the authority, the applying municipality shall file with the |
|
authority a final application that contains: |
|
(1) a comprehensive public improvement and housing |
|
plan that: |
|
(A) complies with Section 394A.253; and |
|
(B) identifies in detail the powers the |
|
municipality proposes to exercise within the development district; |
|
(2) the detailed financing plan for public |
|
improvements and housing assistance and the funding sources; |
|
(3) if zoning or land use controls are proposed, a |
|
detailed zoning map and description of the land use controls filed |
|
by the municipality with the authority; and |
|
(4) a binding legal commitment on the part of the |
|
municipality to provide the services and housing assistance set |
|
forth in the plan with an accompanying timeline stating the date |
|
that annexation of the development district will occur. |
|
(e) The authority may not approve an application that does |
|
not demonstrate an achievable financial plan with committed |
|
financial resources. |
|
Sec. 394A.253. DEVELOPMENT DISTRICT PUBLIC IMPROVEMENT AND |
|
HOUSING PLAN. A comprehensive public improvement and housing plan |
|
for a proposed development district must provide that: |
|
(1) not less than 25 percent of the owner and renter |
|
occupied residential units developed in the development district |
|
are affordable to households of extremely low, very low, and low |
|
incomes in the proportions identified in the regional affordable |
|
housing plan; and |
|
(2) any public incentives provided will provide |
|
diversity of housing types and costs with adequate provision of |
|
housing affordability for low-income homeowners and renters in the |
|
development district. |
|
Sec. 394A.254. MUNICIPAL POWERS IN DEVELOPMENT DISTRICT. |
|
(a) A municipality establishing a development district may: |
|
(1) enact and enforce building, use, and zoning |
|
restrictions in the development district in the same manner as in |
|
the municipality's corporate limits provided that in enforcing |
|
building standards on properties within a development district a |
|
municipality may not assess a fine against a property owner of an |
|
existing owner-occupied residential structure for a building code |
|
violation the remedy for which would result in an excessive housing |
|
cost financial burden to the owner occupant; |
|
(2) assess a fine against a homeowner in the |
|
development district who refuses to remedy a building code |
|
violation if the municipality offers financial assistance to remedy |
|
the building code violation provided the cost of the financial |
|
assistance does not cause a household to suffer an excessive |
|
housing cost financial burden; |
|
(3) in a manner otherwise consistent with other state |
|
and federal law, apply for grants and other financial assistance; |
|
(4) expend funds for public improvements and housing |
|
assistance; and |
|
(5) as a condition of receipt of public improvements, |
|
direct or indirect benefits of public improvements, or housing |
|
assistance, require a builder or developer to provide a portion of |
|
housing constructed in the development district to be affordable in |
|
a manner that meets the affordable housing requirements of the |
|
development district. |
|
(b) On application of a municipality, the authority may: |
|
(1) grant the municipality the authority to establish |
|
and operate municipal utility districts, management districts, tax |
|
increment reinvestment zones, and tax increment financing in a |
|
development district to provide for property acquisition, public |
|
infrastructure, affordable housing, and the enforcement of |
|
standards in a district; and |
|
(2) develop and provide incentives to developers to |
|
acquire property and provide affordable housing in the development |
|
district to make use of existing public infrastructure and |
|
services, minimize transportation costs, and preserve agricultural |
|
land and open spaces. |
|
(c) The establishment and operation of an entity authorized |
|
under Subsection (b)(1) is subject to the same governance and |
|
restrictions as is provided regarding these activities in a |
|
district established under Subchapter E, including the |
|
requirements that 51 percent of the residents of the area approve |
|
the establishment of the district and citizens are represented on a |
|
board controlling assessments and activities. |
|
(d) For purposes of Subsection (a)(1), "excessive housing |
|
cost financial burden" means a housing cost, including property |
|
taxes, utilities, house payments, fees for services paid to the |
|
development district, and the cost of repairs to comply with |
|
building standards, that exceeds 30 percent of the household's |
|
adjusted gross income. |
|
Sec. 394A.255. ANNEXATION OF DEVELOPMENT DISTRICT. A |
|
municipality must agree to annex and provide all public services to |
|
a development district not more than 12 years after the designation |
|
of the development district. |
|
SUBCHAPTER G. OTHER PROGRAMS |
|
Sec. 394A.301. COLONIA LAND BANK. (a) The council may |
|
establish a colonia land bank to provide affordable housing in any |
|
part of the region served by the council. |
|
(b) A land bank established under this section shall be |
|
operated by the authority subject to the provisions applicable to |
|
the operation of a land bank established under Chapter 379C. |
|
(c) The council shall prioritize the acquisition of |
|
abandoned or tax foreclosed property in colonias to encourage the |
|
orderly and complete development of those communities. |
|
Sec. 394A.302. REGIONAL COLONIA DRAINAGE PLAN. The council |
|
shall enter into an agreement with the Texas Water Development |
|
Board to: |
|
(1) establish reasonable and appropriate standards |
|
for storm water protection for colonias and development districts; |
|
(2) examine and consider low-impact and alternative |
|
approaches to storm water protection to reduce costs and speed the |
|
provision of protection to colonias; |
|
(3) develop a comprehensive regional colonia storm |
|
water drainage plan to mitigate storm water flooding within |
|
colonias; |
|
(4) develop cost estimates for each colonia in the |
|
region for the provision of recommended storm water protection in |
|
the colonia including appropriately engineered storm water |
|
drainage that connects with the regional drainage system; and |
|
(5) identify, apply for, secure, and administer grants |
|
and other funding to carry out the plan developed under this |
|
section. |
|
Sec. 394A.303. ENERGY SELF-SUFFICIENCY PROGRAM. (a) The |
|
council shall: |
|
(1) cooperate with the Public Utility Commission of |
|
Texas, local public housing authorities, affordable housing |
|
providers, and homeowners to establish, evaluate, and report on an |
|
energy self-sufficiency program; |
|
(2) develop an agreement with an energy systems |
|
provider to administer a distributed renewable generation energy |
|
system; and |
|
(3) ensure the greatest proportion of the economic |
|
benefits of the program accrue to the benefit of colonia residents |
|
by encouraging competition among applicant energy systems |
|
providers. |
|
(b) The program established under this section must: |
|
(1) evaluate appropriate technologies, including |
|
solar, wind, geothermal, and fuel cell, for very low income |
|
households in the Lower Rio Grande Valley and shall propose a |
|
demonstration program to implement one or more of the technologies |
|
in the region; |
|
(2) evaluate power purchase agreements on public |
|
housing authorities, affordable rental housing, and owner and |
|
rental housing occupied by households of very low and extremely low |
|
income; and |
|
(3) prioritize households of extremely low and very |
|
low income for participation in the program. |
|
SECTION 3. Subchapter DD, Chapter 2306, Government Code, is |
|
amended by adding Section 2306.67251 to read as follows: |
|
Sec. 2306.67251. REGIONAL LOW-INCOME HOUSING TAX CREDIT |
|
ENHANCEMENTS. Notwithstanding any other law, the board shall |
|
provide through the qualified allocation plan regional scoring |
|
incentives necessary to ensure that housing tax credits are awarded |
|
to developments in the Lower Rio Grande Valley region in a manner |
|
that produces housing consistent with the plan developed under |
|
Section 394A.053, Local Government Code. |
|
SECTION 4. (a) Not later than March 1, 2014, the executive |
|
director of the Texas Workforce Commission shall adopt rules |
|
necessary to implement Section 301.070, Labor Code, as added by |
|
this Act. |
|
(b) Not later than September 1, 2014, the Lower Rio Grande |
|
Valley Development Council shall provide to the governor, the |
|
lieutenant governor, the speaker of the house of representatives, |
|
and the committee in each house of the legislature that has primary |
|
jurisdiction over housing matters a report that details the |
|
implementation of Chapter 394A, Local Government Code, as added by |
|
this Act, and makes recommendations regarding additional authority |
|
needed to achieve the purposes of that chapter. |
|
(c) Not later than September 1, 2014, the Lower Rio Grande |
|
Valley Development Council and the Texas Water Development Board |
|
shall submit to the governor, the lieutenant governor, the speaker |
|
of the house of representatives, and the committee in each house of |
|
the legislature that has primary jurisdiction over housing matters |
|
a report detailing the needs and costs identified in Section |
|
394A.302, Local Government Code, as added by this Act. |
|
(d) Not later than March 1, 2014, the Lower Rio Grande |
|
Valley Development Council shall complete the initial housing and |
|
community development inventory and market assessment required by |
|
Section 394A.052, Local Government Code, as added by this Act. |
|
(e) Not later than September 1, 2014, the Lower Rio Grande |
|
Valley Development Council shall adopt the initial affordable |
|
housing plan required by Section 394A.053, Local Government Code, |
|
as added by this Act. |
|
(f) Not later October 1, 2014, after the adoption by the |
|
Lower Rio Grande Valley Development Council of the initial |
|
affordable housing plan under Section 394A.053, Local Government |
|
Code, as added by this Act, the Texas Department of Housing and |
|
Community Affairs shall review the initial plan and submit to the |
|
council for comment proposed modifications to the qualified |
|
allocation plan to provide regional scoring incentives required |
|
under Section 2306.67251, Government Code, as added by this Act. |
|
(g) The change in law made by this Act in adding Section |
|
2306.67251, Government Code, applies only to the allocation of |
|
low-income housing tax credits for an application cycle that begins |
|
on or after January 1, 2015. The allocation of low-income housing |
|
tax credits for an application cycle that begins before January 1, |
|
2015, is governed by the law in effect on the date the application |
|
cycle began, and the former law is continued in effect for that |
|
purpose. |
|
(h) The board of the Texas Department of Housing and |
|
Community Affairs shall adopt any rules required by Section |
|
2306.67251, Government Code, as added by this Act, in conjunction |
|
with the qualified allocation plan created for the 2015 application |
|
cycle, and the department during that cycle shall begin allocating |
|
low-income housing tax credits as provided under Section |
|
2306.67251, Government Code, as added by this Act. |
|
SECTION 5. This Act takes effect September 1, 2013. |