-Caveat Lector-

washingtonpost.com
Shantytowns Migrate Far North of the Border in Texas
Weak County Laws Tied to the Spread of Squalid Developments

By Sylvia Moreno
Washington Post Staff Writer
Monday, August 2, 2004; Page A03

CORPUS CHRISTI, Tex. -- Far from the Mexican border and just outside one of
Texas's major tourist destinations, with its popular nearby beach and bustling
port, a string of shantytowns thrives.

Hidden behind acres of tall grain sorghum live some of the area's poorest
residents. They bought the only piece of the American dream they could afford: a
patch of land with no running water and no sewage treatment or wastewater
service. Their homes are modest, made of wood or vinyl siding. Some live in
shacks made of scrap metal or in dilapidated trailers. The spring rains bring
massive flooding to these low-lying areas and with that, contamination, disease
and disruption of life.

Known as colonias, these developments have existed for years along the border
with Mexico. Now they have migrated north, attracting not only new immigrants
but also second- and third-generation Mexican Americans, and whites and blacks
unable to find affordable housing elsewhere.

Dozens of the unregulated, rural subdivisions have sprung up deep into Texas,
near Corpus Christi and outside Austin, Houston, Beaumont, San Antonio and as
far north as Dallas and Fort Worth. Officials say unscrupulous developers take
advantage of weak county laws to subdivide land and sell the plots with
inadequate, if any, improvements. Over the past decade, Texas lawmakers have
passed tough regulations on colonias near the border. With the squalid
developments spreading, lawmakers are turning their attention to the rest of the
state.

"This is just like Guatemala or Africa," said Lionel Lopez, a retired Corpus
Christi firefighter who organized the South Texas Colonia Initiative to bring
attention to what he counts as 88 such developments in Nueces County. "You see
kids with all kinds of sores on their little legs, and the dogs -- they don't
even bark, and they have mange."

The cheap land -- lots can cost $30,000 to $40,000, with or without a
structure -- look ideal to residents trying to escape a tough inner-city
neighborhood or who cannot afford starter homes at $80,000 or $90,000 within the
city limits. "Through throwing up a substandard subdivision, you can offer a
segment of our society their dream," said Donald Lee, executive director of the
Texas Conference of Urban Counties. "Unfortunately, what you're not telling
them, and they oftentimes don't realize, is that they're buying into a
nightmare."

The residents of the colonia known as Tierra Grande, eight miles southwest of
Corpus Christi, have survived their latest nightmare: two months of heavy rains
that caused massive flooding. The development sits in a flood plain, atop a maze
of underground ethylene, methanol and natural gas pipelines that feed into
Corpus Christi's nearby refineries. The development has no drainage system, and
the homes have only septic tanks to handle solid waste. So bad was the recent
flooding that septic tanks overflowed, and human waste saturated the floodwaters
inside and outside the ramshackle houses. Snakes slithered into homes, and huge
water beetles that look like leeches crawled out of the flooded vegetation and
into residents' damp mattresses. Parents carried their children on flooded roads
out to a county highway to catch the school bus because the vehicle could not
enter the community. Mail was not delivered for a month.

Furniture, cars and trucks were ruined. Wells, which many residents depend on
for cooking, washing and bathing, were tested and found to have three times the
amount of acceptable E. coli bacteria for human contact and an unacceptable
level of dissolved solids for human consumption, said Rick Hay, a research
associate with the Center for Water Supply Studies at Texas A&M University at
Corpus Christi. The roads were rutted, the mosquitoes flourished, and some of
the ditches along the roads held opaque, larvae-laden water a month after the
last rains. A few years ago, the several hundred residents of Tierra Grande
experienced the same type of flooding.

"If I had money to move to Corpus Christi, I'd be living over there," said
Zulema Tovar, 40, as she sat outside her corrugated tin house, holding her
5-month-old daughter, Yesenia. Tovar has lived in Tierra Grande six years. Her
two daughters contracted bronchitis during the worst of the flooding, and her
24-year-old nephew was hospitalized after a leg cut became infected from the
contaminated water around their home. Other relatives suffered diarrhea and
fever. Several of Tovar's toenails softened and fell off. She believes that
happened because of the contaminated floodwater she had to walk through for
days.

"Nobody ever told us anything about anything, about the flooding," Tovar said.
"I guess people would say [about us], 'They should have known better.' But us
being poor Mexicans, too, we're trying to do the best we can."

Texas legislators who represent the areas north of the border where the colonias
are growing say they want to stop development of the subdivisions and provide
state aid to residents.

"You've got people living in these Third-World conditions. . . . It is a serious
problem in urban counties," said state Rep. Dora Olivo, a Democrat whose
district just outside Houston, which includes four colonias, overlaps with the
congressional district represented by House Majority Leader Tom DeLay (R-Tex.).
"People move out there because it's too expensive to live in the city, into
areas that aren't regulated. . . . Unscrupulous developers come in and do the
wrong thing. But how do we prevent proliferation of colonias? It's an expensive
proposition."

Today, an estimated 1 million Texans live in these unregulated subdivisions that
have sprung up far from the border and lack adequate water or wastewater
service, according to the Texas Water Development Board. The cost for providing
such services would be huge.

"The total needs are $1.82 billion to bring water . . . and there's $1.95
billion in wastewater needs," said Jonathan Steinberg, the board's deputy
counsel. "We've got a problem here."

Since the late 1980s, the Texas Legislature and various state agencies have
focused on border colonias, passing strict state laws at the end of the last
decade to prohibit further development. Border counties and counties 50 miles
inland from the border were given the power to require developers to provide
water and wastewater services in new residential subdivisions. In 2001 Texas
voters passed a $175 million bond issue to improve existing colonia conditions
by funding water, sewage and drainage systems. Millions in federal funds also
were earmarked to help.

More recently, the legislature began focusing on the "urban colonias" by
targeting certain urban counties and their neighboring counties and giving them
limited power to regulate rural subdivisions. However, counties still have no
zoning authority.

These urban counties now "have a vague authority to ensure that moral, orderly
and healthful development -- that's the key phrase -- occurs," said Jeff Barton,
a land-use and planning consultant who is a former commissioner in Hays County,
just south of Austin. Barton was a commissioner in 1998 when Hays County had to
approve a special budget appropriation to provide emergency hepatitis shots to
hundreds of residents in a substandard rural subdivision called Green Pastures.
The residents' septic tanks had failed. During heavy rains, the houses and dirt
roads were flooded with human waste that children and adults waded through
daily -- 22 miles south of the state capitol. President Bush, who was governor
of Texas at the time, never visited a colonia but supported and signed a dozen
bills to help them.

Barton said counties, a weak form of government as prescribed in the Texas
Constitution of 1870, are not accustomed to exercising authority over
development and land use.

"They've been very skeptical and very cautious and maybe even overly cautious
about moving into this territory," he said. "There is some room for counties to
be aggressive and more proactive in addressing growth issues. . . . We are a
different state than we were 150 years ago, and it's time that we recognize
that."

© 2004 The Washington Post Company

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