Colonia Legislation in Texas
Since 1989, the Texas Legislature has enacted a series of bills
and resolutions to address the issues associated with border colonias,
designed to improve the quality of life for residents. These laws
have focused on the delivery of water and wastewater services, improving
health and safety infrastructure and halting colonia proliferation.
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79th Regular Session of the Texas Legislature (2005)
SB 827 |
Texas Government Code, Chapters 405, 487, 775 and 2306
Texas Health and Safety Code, Chapter 1001
Texas Transportation Code, Chapter 201
Texas Water Code, Chapter 6 |
Author: |
Zaffirini |
Sponsor: |
Guillen |
| Signed by Governor Rick Perry on June 17, 2005 |
Bill Analysis
Requires the Office of the Secretary of State to establish and maintain a statewide classification system to track state-funded projects related to water/wastewater, road paving and other assistance to colonias. It will require the colonias ombudspersons, Office of Rural Community Affairs, the Water Development Board, the Transportation Commission, the Department of Housing and Community Affairs, the Department of State Health Services, and/or any other appropriate agency as determined by the Secretary of State to report information to the Secretary of State for the classification system and the Secretary of State to compile and report this information to the legislature by December 1 of each even-numbered year. The classification system includes only counties within 62 miles of an international border. |
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SB 1202 |
Texas Government Code, Chapters 775 and 2306 |
Author: |
Lucio |
Sponsor: |
Chavez |
| Signed by Governor Rick Perry on June 17, 2005 |
Bill Analysis
SB 1202 increases the number of agencies involved with colonia initiatives and requires the State-designated coordinator, the Secretary of State, to work collectively with these agencies on future colonia projects. Each agency is to designate a representative who will act as liaison between the coordinator and the agency and advise the coordinator during colonia projects. The coordinator is to also work with the colonia resident advisory committee in developing strategies and recommendations for colonia initiatives. |
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SB 425 |
Texas Government Code, Chapter 775
Texas Local Government Code, Chapters 212 and 232
Texas Utilities Code, Chapters 37 and 54
Texas Water Code, Chapters 16 and 17 |
Author: |
Hinojosa |
Sponsor: |
Luna, Seaman |
| Signed by Governor Rick Perry on June 17, 2005 |
Bill Analysis
Amends the Local Government, Government and Water Codes so that a county that is located within 100 miles of an international border containing a city with a population of more than 250,000 can:
- prevent future substandard residential subdivisions from developing
- receive the assistance of the SOS Colonia Ombudsperson Program
- be eligible for EDAP Funds
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HB 467 |
Texas Local Government Code, Chapters 212 and 232
Texas Water Code, Chapters 15, 16 and 17 |
Author: |
Bailey, Howard, Olivo |
Sponsor: |
Gallegos |
| Signed by Governor Rick Perry on June 18, 2005 |
Bill Analysis
Authorizes any city, county or EDAP applicant in the state that applies for EDAP assistance to enforce the Model Subdivision Rules. Redefines “economically distressed area” and “political subdivision” by removing the requirement that the county have an average per capita income that is at least 25 percent below the state average for the most recent three consecutive years for which statistics are available. Redefines term “affected county” to be a county that has an economically distressed area which has a median household income that is not greater than 75 percent of the median state household income. |
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HB 1924 |
Texas Occupations Code, Chapter 162 |
Author: |
Chavez |
Sponsor: |
Shapleigh |
| Signed by Governor Rick Perry on June 17, 2005 |
Bill Analysis
Requires the State Board of Medical Examiners to grant a health organization (recognized as a hospital district capable of receiving grants by a federal agency or federally qualified health center) the ability to employ physicians if it is located in a county that is located on the border and contains a population of more than 650,000. |
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HB 1823 |
Texas Local Government Code, Chapter 212
Texas Property Code, Chapter 5 |
Author: |
Dutton |
Sponsor: |
Lucio |
| Signed by Governor Rick Perry on June 18, 2005 |
Bill Analysis
Redefines the rights and benefits of contract-for-deed or lease-to-own homebuyers to reflect those given to any other type of homebuyer. Further reinforces protections passed in 2001 by allowing these types of buyers to obtain a title to their property without alteration of the initial financial agreement made with the seller. Sellers will maintain the same rights and privileges as any other entity financing a home sale. |
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HB 775 |
Texas Government Code, Chapter 487 |
Author: |
Gonzalez |
Sponsor: |
Lucio |
| Signed by Governor Rick Perry on June 18, 2005 |
Bill Analysis
Amends the Government Code to require 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 a percentage of those funds towards installation of street lights in colonias. |
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78th Regular Session of the Texas
Legislature (2003)
HB 1875 |
Texas Water Code, Chapter 966 and 1234 |
Author: |
Wise |
Sponsor: |
Lucio |
| Signed by Governor Rick Perry on June
20, 2003 |
Bill Analysis
Allows the rural water assistance fund to be used to
provide low interest loans to rural political subdivisions
for water or water related projects and for water quality
enhancement projects.
Allows the rural water assistance fund to be used to
enable a rural political subdivision to obtain water
or wastewater service supplied by larger political subdivisions
or to finance the consolidation or regionalizing of
neighboring political subdivisions.
Establishes the colonia self-help account as an account
in the water assistance fund that may be used by the
Texas Water Development Board only for purposes described
in the Water Code. |
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HB 3420 |
Texas Government Code, Chapter 1403 |
Authors: |
Garza, Guillen |
Sponsor: |
Madla |
| Signed by Governor Rick Perry on June
18, 2003 |
Bill Analysis
Provides for a set-aside of funds generated from the
general obligation bonds issued under S.B. 1296, 77th
Session, for specific colonia access roadway projects
proposed by rural border counties. |
|
77th Regular Session of the Texas
Legislature (2001)
SB 1296 |
Texas Government Code, Chapter 1403 |
Author: |
Lucio |
Coauthors: |
Shapleigh, Sibley, Truan, Zaffirini |
Sponsors: |
Flores |
| Signed by Governor Rick Perry on June
14, 2001 |
Bill Analysis
Allows the Texas Public Finance Authority to issue general
obligation bond and notes with the proceeds to be used
to aid counties to fund roadway projects to serve colonias. |
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HB 2700 |
Texas Government Code, Chapter 531
Texas Local Government Code, Chapter 386 |
Author: |
Chavez, Puente, Wohlgemuth, J. Solis, Chisum |
Sponsors: |
Duncan |
| Signed by Governor Rick Perry on June
13, 2001 |
Bill Analysis
Requires the Health and Human Services Commission to
establish telemedicine pilot programs in medically underserved
areas; provides for reimbursement and regulation of
telemedicine services. |
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SB 1 |
(General Appropriations Act, 2002-2003) |
Author: |
Ellis, Rodney |
Sponsors: |
Junell |
| Signed by Governor Rick Perry on June
17, 2001 |
Bill Analysis
Establishes the Texas Bootstrap Loan Program to provide
low-income families with loans to purchase or refinance
real property. Appropriates funding for the Colonia Model
Subdivision Revolving Loan Program and the Contract for
Deed Conversion Program. |
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HB 1053 |
Texas Tax Code, Chapter 311 |
Author: |
Coleman |
Sponsors: |
Gallegos |
| Signed by Governor Rick Perry on June
16, 2001 |
Bill Analysis
Authorizes municipalities and counties to create commercial
and industrial development zones in areas of pervasive
poverty, unemployment, or economic distress to promote
and encourage commercial and business development. |
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SB 198 |
Texas Property Code, Chapter 5 |
Author: |
Moncrief |
Sponsors: |
Carter, Wise |
| Signed by Governor Rick Perry on June
13, 2001 |
Bill Analysis
Requires that a seller provide a buyer with certain written
information and disclosures when using a contract for
deed in one of the designated counties. Requires that
if the contract is negotiated in a language other than
English, the seller must provide copies of all documents
in that language. |
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SB 312 |
Texas Water Code, Chapters 6, 15, 16 and
17 |
Author: |
Zaffirini |
Sponsors: |
Chisum |
| Signed by Governor Rick Perry on June
15, 2001 |
Bill Analysis
Creates the Colonia Advisory Committee and the Pilot Program
for Water and Wastewater Loans for Rural Communities.
Provides funding for the colonia self help program. |
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SB 322 |
Texas Government Code, Chapters 775, 1372
and 2306;
Texas Tax Code, Chapter 11B;
Texas Water Code, Chapter 15 |
Author: |
Lucio |
Sponsors: |
Gallego, Carter |
| Signed by Governor Rick Perry on June
16, 2001 |
Bill Analysis
Establishes self help centers, the colonia model subdivision
revolving loan fund, and the colonia model subdivision
program. Requires the colonia initiatives coordinator
to work with other agencies and local officials involved
in colonia projects in Texas. |
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SB 649 |
Texas Water Code, Chapter 17 |
Author: |
Truan |
Co-Author |
Zaffirini |
Sponsors: |
Flores |
| Signed by Governor Rick Perry on June
13, 2001 |
Bill Analysis
Requires training for applicants and recipients of financial
assistance from the economically distressed area program
(EDAP). |
|
76th Regular Session of the Texas
Legislature (1999)
HB 1982 |
Texas Local Government Chapter 43 |
Author: |
Hill, Cuellar, Olivo, Oliveira, Ehrhardt |
Sponsor: |
Truan |
| Signed by Governor George W. Bush on
May 24, 1999 |
Bill Analysis
Allows colonias to participate in state-funded programs
for a period of five years after being annexed by a city
to encourage municipal annexation of colonias by alleviating
some of the financial burden on the city. |
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SB 89 |
Texas Local Government Code, Chapters 42
and 43 |
Author: |
Madla |
Coauthor: |
Lindsay |
Sponsors: |
Bosse, Hilbert, Crabb, Krusee |
| Signed by Governor George W. Bush on
June 19, 1999 |
Bill Analysis
Revises the municipal annexation process to require cities
to implement advance annexation planning procedures and
ensure the timely provision of services to the annexed
areas; provides penalties for violations. |
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SB 1287 |
Texas Government Code, Chapter 2306
Texas Water Code, Chapter 17 |
Author: |
Lucio |
Coauthors: |
Shapleigh, Truan, Zaffirini |
Sponsors: |
Oliveira, Carter, Bailey, Hill, Ehrhardt |
Cosponsors: |
Burnam, Clark, Edwards, Hodge, Najera |
| Signed by Governor George W. Bush on
June 19, 1999 |
Bill Analysis
Allows the Texas Department of Housing and Community Affairs
to provide housing loans to low-income owner-builders through the colonia self-help
centers. |
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SB 1421 |
Texas Local Government Code, Chapter 232
Texas Government Code, Chapter 775
Texas Water Code, Chapters 5, 13, 15, 16 and 17 |
Author: |
Lucio |
Coauthors: |
Moncrief, Shapleigh, Truan, Zaffirini |
Sponsors: |
Cuellar, Hinojosa, Gutierrez, Flores, Pickett |
Cosponsor: |
Wise |
| Signed by Governor George W. Bush on
June 17, 1999 |
Bill Analysis
Establishes provisions regarding the regulation of the
subdivision or development of land in certain economically
distressed areas, including colonias: provides penalties
for violations. |
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75th Regular Session of the Texas
Legislature (1997)
HB 540 |
Texas Government Code, Chapter 2306 |
Author: |
Serna |
Sponsor: |
Shapleigh |
| Signed by Governor George W. Bush on
May 28, 1997 |
Bill Analysis
Provides for educational programs to be offered
to colonia residents by the Texas Department of Housing
and Community Affairs. |
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HB 2252 |
Texas Human Resources Code, Chapter 40
Texas, Chapters 481 and 2306
Texas Parks and Wildlife Code, Chapter 24 |
Author: |
Oliveira |
Sponsor: |
Truan |
| Signed by Governor George W. Bush on
June 20, 1997 |
Bill Analysis
Provides funding to a variety of colonia-related social
service programs administered through the Centers for
Housing and Urban Development. |
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HB 2798 |
Texas Local Government Code Chapter 394 |
Author: |
Marchant |
Sponsor: |
Carona |
| Signed by Governor George W. Bush on
June 20, 1997 |
Bill Analysis
Allows for more flexibility for the Bond Review Board
(BRB) to administer the Private Activity Bond Allocation
Program. Establishes provisions regarding tax-exempt private
activity bonds regulated by the BRB. |
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74th Regular Session of the Texas
Legislature (1995)
HB 1001 |
Texas Local Government Code, Chapter 232
Texas Water Code, Chapter 13, 16, 17 and 26 |
Author: |
Cuellar |
Sponsor: |
Zaffirini |
| Signed by Governor George W. Bush on
June 16, 1995 |
Bill Analysis
Gives affected counties enforcement authority to regulate
subdivisions in economically distressed areas by imposing
platting requirements and service requirements on persons
selling property. Imposes civil and criminal penalties
for failure to comply with the requirements. |
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HB 2726 |
Texas Government Code, Chapter 1372
Texas Local Government Code, Chapter 349 |
Author: |
Romo |
Sponsor: |
Montford |
| Signed by Governor George W. Bush on
June 16, 1995 |
Bill Analysis
Clarifies and simplifies the allocation process for tax-exempt
private activity bonds and authorizes the Texas Bond Review
Board to administer the program. |
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SB 450 |
|
Author: |
Rosson |
Sponsor: |
McDonald, Haggerty |
Cosponsors: |
Moreno, Pickett |
| Signed by Governor George W. Bush on
May 11, 1995 |
Bill Analysis
Gives the City of El
Paso the authority to conduct regional water
and wastewater planning. |
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SB 542 |
Texas Local Government Code, Chapter 232 |
Author: |
Rosson |
Sponsor: |
Truan |
Cosponsor: |
Oliveira |
| Signed by Governor George W. Bush on
June 5, 1995 |
Bill Analysis
Provides conditions and procedures for canceling certain
platted subdivisions if the land has not been developed
so that the subdivisions will not have grandfathered exemption
from the requirements for adequate water and wastewater
facilities. |
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SB 1509 |
Texas Government Code Chapter 2306 |
Authors: |
Zaffirini, Truan, Moncrief, Lucio, Barrientos |
Coauthors: |
Madla, Montford, Rosson, Rosson |
Sponsor: |
Cuellar, Henry |
| Signed by Governor George W. Bush on
June 17, 1995 |
Bill Analysis
Creates colonia self-help centers to provide home financing
assistance, counseling, a tool library, instruction, and
technical assistance on installation and financing for
septic systems. |
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73rd Regular Session of the Texas
Legislature (1993)
HB 997 |
Texas Water Code Chapter 15 |
Author: |
Oliviera |
Sponsor: |
Montford |
| Signed by Governor Ann W. Richards on
June 19, 1993 |
Bill Analysis
Expands the receipt of funds in the water assistance
fund and the water development fund to further implement
the program to assist economically distressed areas. |
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HB 2079 |
Texas Local Government Code Chapter 232
Texas Water Code Chapter 16
Texas Health and Safety Code, Chapter 341 |
Author: |
Cuellar |
Sponsor: |
Zaffirini |
| Signed by Governor Ann W. Richards on
June 12, 1993 |
Bill Analysis
Authorizes counties to solicit help from the Office
of Attorney General (OAG) to enforce state health and
safety laws related to nuisance violations and on-site
sewage facilities. Allows OAG to request injunctions
against violations of county subdivision rules in established
developments and to sue for damages when violations
occur. |
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72nd Regular Session
of the Texas Legislature (1991)
SB 818 |
Texas
Water Code, Chapters 15 and 26 |
Author: |
Barrientos |
Sponsor: |
Saunders |
| Signed by Governor Ann W. Richards on
June 7, 1991 |
Bill Analysis
Sets water quality standards and establishes the Colonia
Plumbing Loan Program to offer low-interest loans to
colonia residents for individual home water and wastewater
system installations and for indoor plumbing improvements. |
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SB 1189 |
Texas Local Government Code, Chapter 232 |
Author: |
Montford |
Sponsor: |
Oliveira |
| Signed by Governor Ann W. Richards on
June 7, 1991 |
Bill Analysis
Requires local regulation of water supplies and sewer
services in economically distressed areas. |
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71st Regular Session of the Texas
Legislature (1989)
SB 2 |
Texas
Water Code,
Chapters 15 and 16 |
Author: |
Santiesteban |
Sponsor: |
Moreno, Smith |
| Signed by Governor William P. Clements
on June 14, 1989 |
Bill Analysis
Establishes the Economically Distressed Areas Program(EDAP)
to provide water and wastewater services to colonia
residents who can not afford them also ensures that
new rural residential subdivisions have water and wastewater
services installed.Provides for the issuance of bonds. |
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70th Regular Session
of the Texas Legislature (1987)
SB 585 |
Texas
Water Code, Chapters 15, 16 and 17 |
Author: |
Santiesteban |
Sponsor: |
Smith |
| Signed by Governor William P. Clements
on June 20, 1987 |
Bill Analysis
Authorizes the Texas Water Development Board (TWDB) to provide grants and
loans for water and wastewater services for colonias. |
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