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.