73R9024 CAG-F
By Naishtat, et al. H.B. No. 1547
Substitute the following for H.B. No. 1547:
By Naishtat C.S.H.B. No. 1547
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appointment of commissioners of public housing
1-3 authorities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 392.031(a), Local Government Code, is
1-6 amended to read as follows:
1-7 (a) Each municipal housing authority shall be governed by
1-8 five commissioners. The presiding officer of the governing body
1-9 of a municipality <If the governing body of a municipality adopts a
1-10 resolution declaring a need for a housing authority, the governing
1-11 body shall promptly notify the mayor of the adoption. On receiving
1-12 the notice, the mayor> shall appoint five persons to serve as
1-13 commissioners of the authority. An appointed commissioner of the
1-14 authority may not be an officer or employee of the municipality.
1-15 Appointments made under this section must comply with the
1-16 requirements of Section 392.0331, if applicable.
1-17 SECTION 2. Section 392.032(a), Local Government Code, is
1-18 amended to read as follows:
1-19 (a) Each county housing authority shall be governed by five
1-20 commissioners. The <If the commissioners court adopts a resolution
1-21 declaring a need for a county housing authority, the> commissioners
1-22 court shall appoint five persons to serve as commissioners of the
1-23 authority. An appointed commissioner of the authority may not be
1-24 an officer or employee of the county. Appointments made under this
2-1 section must comply with the requirements of Section 392.0331, if
2-2 applicable.
2-3 SECTION 3. Section 392.033, Local Government Code, is
2-4 amended to read as follows:
2-5 Sec. 392.033. APPOINTMENT OF COMMISSIONERS OF A REGIONAL
2-6 HOUSING AUTHORITY. (a) The <On creation of a regional housing
2-7 authority, the> commissioners court of each county in a regional
2-8 housing <the> authority shall appoint a person to serve as a
2-9 commissioner of the authority. Subsequently, the commissioners
2-10 court of each county shall appoint successors to the commissioner
2-11 of the authority appointed by that commissioners court. An
2-12 appointed commissioner of the authority may not be an officer or
2-13 employee of the county.
2-14 (b) If the area of operation of an authority is increased to
2-15 include another county, the commissioners court of that county
2-16 shall appoint a person to serve as a commissioner of the authority
2-17 and, subsequently, the successors to that commissioner.
2-18 (c) If there are only two counties in the housing authority,
2-19 the commissioners of the authority appointed by the commissioners
2-20 courts shall appoint an additional commissioner to serve as
2-21 commissioner of the authority. Subsequently, the commissioners of
2-22 the authority appointed by the commissioners courts shall appoint a
2-23 person to succeed the additional commissioner if the successor's
2-24 term of office begins during their term of office. If the area of
2-25 operation of the authority is increased to more than two counties,
2-26 a successor to the additional commissioner is not appointed.
2-27 (d) If the housing authority contains only one county, the
3-1 commissioners court of that county shall appoint three persons
3-2 instead of one person to serve as commissioners of the authority.
3-3 Subsequently, the commissioners court of the county shall appoint
3-4 successors to the commissioners of the authority appointed by that
3-5 commissioners court.
3-6 (e) A certificate of the appointment of a commissioner
3-7 appointed by a commissioners court shall be filed with the county
3-8 clerk. The certificate is conclusive evidence of the proper
3-9 appointment of the commissioner.
3-10 (f) <(e)> A certificate of the appointment of an additional
3-11 commissioner by the commissioners of an authority composed of only
3-12 two counties shall be filed with the records of the authority. The
3-13 certificate is conclusive evidence of the proper appointment of the
3-14 commissioner.
3-15 (g) Appointments made under this section must comply with
3-16 the requirements of Section 392.0331, if applicable.
3-17 SECTION 4. Subchapter C, Chapter 392, Local Government Code,
3-18 is amended by adding Section 392.0331 to read as follows:
3-19 Sec. 392.0331. APPOINTMENT OF TENANT REPRESENTATIVE AS
3-20 COMMISSIONER OF MUNICIPAL, COUNTY, OR REGIONAL HOUSING AUTHORITY.
3-21 (a) This section applies only to:
3-22 (1) a municipality with a population of 75,000 or
3-23 more; or
3-24 (2) a county that has a county housing authority or is
3-25 a member of a regional housing authority and the total number of
3-26 units in the authority is more than 750.
3-27 (b) In appointing commissioners under Section 392.031, a
4-1 municipality shall appoint at least one commissioner to a municipal
4-2 housing authority who is a tenant of a public housing project over
4-3 which the municipal housing authority has jurisdiction.
4-4 (c) In appointing commissioners under Section 392.032, a
4-5 county shall appoint at least one commissioner to a county housing
4-6 authority who is a tenant of a public housing project over which
4-7 the county housing authority has jurisdiction.
4-8 (d) In appointing commissioners under Section 392.033, a
4-9 county or counties comprising a regional housing authority shall
4-10 appoint at least one commissioner to a regional housing authority
4-11 who is a tenant of a public housing project over which the regional
4-12 housing authority has jurisdiction. If more than one county
4-13 comprises a regional housing authority, the counties shall agree to
4-14 a method for appointing the tenant member to the regional housing
4-15 authority.
4-16 (e) A commissioner appointed under this section may not be
4-17 an officer or employee of the municipality or county that appoints
4-18 the commissioner.
4-19 (f) A commissioner appointed under this section may be
4-20 reappointed to consecutive terms.
4-21 (g) A commissioner appointed under this section may not
4-22 participate:
4-23 (1) in any vote or discussion concerning the
4-24 termination of the commissioner's occupancy rights in public
4-25 housing or the rights of any person related in the first degree by
4-26 consanguinity to the commissioner; or
4-27 (2) in a grievance or administrative hearing in which
5-1 the commissioner or a person related in the first degree by
5-2 consanguinity to the commissioner is a party.
5-3 (h) If a commissioner appointed under this section ceases to
5-4 reside in a housing unit operated by the public housing authority
5-5 during the commissioner's term, a majority of the other
5-6 commissioners shall decide whether to request that a new
5-7 commissioner be appointed. A majority of the commissioners may
5-8 decide to allow the commissioner to serve the remaining portion of
5-9 the commissioner's term.
5-10 (i) If a commissioner appointed under this section fails to
5-11 attend three consecutive regularly called meetings of the housing
5-12 authority commissioners during the commissioner's term, a majority
5-13 of the commissioners shall decide whether to declare the position
5-14 vacant and request that a new commissioner be appointed. A
5-15 majority of the commissioners may decide to allow the commissioner
5-16 to serve the remaining portion of the commissioner's term.
5-17 SECTION 5. (a) This Act takes effect September 1, 1993.
5-18 (b) A municipal, county, or regional housing authority
5-19 created before the effective date of this Act may be governed until
5-20 July 1, 1994, by commissioners appointed under the law as it
5-21 existed before the effective date of this Act, and the former law
5-22 is continued in effect for that purpose.
5-23 (c) The governing body of a political subdivision that
5-24 appoints commissioners of a municipal, county, or regional housing
5-25 authority shall appoint a commissioner from the residents of a
5-26 public housing project of a public housing authority, if required
5-27 under Section 392.0331, Local Government Code, as added by this
6-1 Act, as soon as practicable, but before July 1, 1994.
6-2 SECTION 6. The importance of this legislation and the
6-3 crowded condition of the calendars in both houses create an
6-4 emergency and an imperative public necessity that the
6-5 constitutional rule requiring bills to be read on three several
6-6 days in each house be suspended, and this rule is hereby suspended.