By: Naishtat H.B. No. 1547
73R4247 CAG-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appointment and election of commissioners of public
1-3 housing authorities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 392.031, Local Government Code, is
1-6 amended to read as follows:
1-7 Sec. 392.031. <APPOINTMENT OF> COMMISSIONERS OF A MUNICIPAL
1-8 HOUSING AUTHORITY. (a) Each municipal housing authority shall be
1-9 governed by five commissioners. The presiding officer of the
1-10 governing body of a municipality <If the governing body of a
1-11 municipality adopts a resolution declaring a need for a housing
1-12 authority, the governing body shall promptly notify the mayor of
1-13 the adoption. On receiving the notice, the mayor> shall appoint
1-14 three <five> persons to serve as commissioners of the authority.
1-15 An appointed commissioner of the authority may not be an officer or
1-16 employee of the municipality.
1-17 (b) <A commissioner may not be an officer or employee of the
1-18 municipality. A commissioner may be a tenant of a public project
1-19 over which the housing authority has jurisdiction.>
1-20 <(c)> A certificate of the appointment of a commissioner
1-21 shall be filed with the clerk of the municipality. The certificate
1-22 is conclusive evidence of the proper appointment of the
1-23 commissioner.
1-24 (c) Two commissioners shall be tenants of public housing
2-1 projects elected from public projects over which the housing
2-2 authority has jurisdiction. An elected commissioner of the
2-3 authority may not be an officer or employee of the authority. The
2-4 appointed commissioners shall hold an election for tenant
2-5 commissioners provided by Section 392.0331.
2-6 SECTION 2. Section 392.032, Local Government Code, is
2-7 amended to read as follows:
2-8 Sec. 392.032. <APPOINTMENT OF> COMMISSIONERS OF A COUNTY
2-9 HOUSING AUTHORITY. (a) Each county housing authority shall be
2-10 governed by five commissioners. The <If the commissioners court
2-11 adopts a resolution declaring a need for a county housing
2-12 authority, the> commissioners court shall appoint three <five>
2-13 persons to serve as commissioners of the authority. An appointed
2-14 commissioner of the authority may not be an officer or employee of
2-15 the county.
2-16 (b) <A commissioner of the authority may not be an officer
2-17 or employee of the county.>
2-18 <(c)> A certificate of the appointment of a commissioner
2-19 shall be filed with the county clerk. The certificate is
2-20 conclusive evidence of the proper appointment of the commissioner.
2-21 (c) Two commissioners shall be tenants of public housing
2-22 projects elected from public projects over which the housing
2-23 authority has jurisdiction. An elected commissioner of the
2-24 authority may not be an officer or employee of the authority. The
2-25 appointed commissioners shall hold an election for tenant
2-26 commissioners provided by Section 392.0331.
2-27 SECTION 3. Section 392.033, Local Government Code, is
3-1 amended to read as follows:
3-2 Sec. 392.033. <APPOINTMENT OF> COMMISSIONERS OF A REGIONAL
3-3 HOUSING AUTHORITY. (a) The <On creation of a regional housing
3-4 authority, the> commissioners court of each county in a regional
3-5 housing <the> authority shall appoint a person to serve as a
3-6 commissioner of the authority. Subsequently, the commissioners
3-7 court of each county shall appoint successors to the commissioner
3-8 of the authority appointed by that commissioners court. An
3-9 appointed commissioner of the authority may not be an officer or
3-10 employee of the county.
3-11 (b) If the area of operation of an authority is increased to
3-12 include another county, the commissioners court of that county
3-13 shall appoint a person to serve as a commissioner of the authority
3-14 and, subsequently, the successors to that commissioner.
3-15 (c) If there are only two counties in the housing authority,
3-16 the commissioners of the authority appointed by the commissioners
3-17 courts shall appoint an additional commissioner to serve as
3-18 commissioner of the authority. Subsequently, the commissioners of
3-19 the authority appointed by the commissioners courts shall appoint a
3-20 person to succeed the additional commissioner if the successor's
3-21 term of office begins during their term of office. If the area of
3-22 operation of the authority is increased to more than two counties,
3-23 a successor to the additional commissioner is not appointed.
3-24 (d) If the housing authority contains only one county, the
3-25 commissioners court of that county shall appoint three persons
3-26 instead of one person to serve as commissioners of the authority.
3-27 Subsequently, the commissioners court of the county shall appoint
4-1 successors to the commissioners of the authority appointed by that
4-2 commissioners court.
4-3 (e) A certificate of the appointment of a commissioner
4-4 appointed by a commissioners court shall be filed with the county
4-5 clerk. The certificate is conclusive evidence of the proper
4-6 appointment of the commissioner.
4-7 (f) <(e)> A certificate of the appointment of an additional
4-8 commissioner by the commissioners of an authority composed of only
4-9 two counties shall be filed with the records of the authority. The
4-10 certificate is conclusive evidence of the proper appointment of the
4-11 commissioner.
4-12 (g) Two commissioners shall be tenants of public housing
4-13 projects elected from public housing projects over which the
4-14 housing authority has jurisdiction. An elected commissioner of the
4-15 authority may not be an officer or employee of the authority. The
4-16 appointed commissioners shall hold an election for tenant
4-17 commissioners provided by Section 392.0331.
4-18 SECTION 4. Subchapter C, Chapter 392, Local Government Code,
4-19 is amended by adding Section 392.0331 to read as follows:
4-20 Sec. 392.0331. ELECTION OF TENANT REPRESENTATIVES AS
4-21 COMMISSIONERS OF MUNICIPAL, COUNTY, AND REGIONAL HOUSING
4-22 AUTHORITIES. (a) An elected commissioner of an authority may not
4-23 be an officer or employee of a municipality or county participating
4-24 in a municipal, county, or regional housing authority.
4-25 (b) The appointed commissioners of a housing authority that
4-26 provides housing for 30 or more residents shall hold an election to
4-27 elect two commissioners from the residents of the public housing
5-1 projects of the public housing authority.
5-2 (c) Elections shall be held on the second Saturday of June
5-3 in even-numbered years to select the two elected commissioners.
5-4 (d) The two elected commissioners must be:
5-5 (1) residents of housing operated by the authority;
5-6 and
5-7 (2) over 18 years of age.
5-8 (e) A resident legally residing in housing operated by the
5-9 authority who is either 18 years of age or older or the head of
5-10 household is eligible to vote.
5-11 (f) Voting shall be conducted during the hours of 10 a.m.
5-12 through 2 p.m. at each public housing project containing 20 or more
5-13 living units operated by the public housing authority. If no
5-14 public housing project operated by the authority contains 20 units,
5-15 the public housing authority shall conduct the election in the
5-16 largest public housing project operated by the authority. If all
5-17 units operated by the public housing authority are single units,
5-18 the election shall be held at the meeting place of the public
5-19 housing authority commissioners.
5-20 (g) The commissioners of the public housing authority shall
5-21 inform residents of the election by sending a notice of the time
5-22 and place of voting and the names of the candidates who have filed
5-23 a notice of candidacy with the commissioners. The notice shall be
5-24 deemed received if it is sent by United States mail to each housing
5-25 unit operated by the authority.
5-26 (h) A person seeking to be elected as a commissioner shall
5-27 submit a written notice of candidacy to the commissioners of the
6-1 housing authority before the 60th day before the date of the
6-2 election. The names of persons who timely submit a notice shall
6-3 appear on a printed ballot. The ballot shall be printed in both
6-4 Spanish and English. The ballot shall also contain space for
6-5 voters to write in the names of candidates not appearing on the
6-6 ballot.
6-7 (i) Ballots shall be counted at a public meeting of the
6-8 housing authority commissioners on the first Monday following the
6-9 election. The two candidates receiving the most votes are elected.
6-10 (j) A certificate of the election of a commissioner shall be
6-11 filed with each clerk of a municipality or county comprising the
6-12 housing authority. The certificate is conclusive of the proper
6-13 election of the commissioners.
6-14 (k) An elected commissioner may be reelected to consecutive
6-15 terms.
6-16 (l) An elected commissioner may not participate:
6-17 (1) in any vote or discussion concerning the
6-18 termination of the commissioner's occupancy rights in public
6-19 housing or the rights of any person related in the first degree by
6-20 consanguinity to the commissioner; or
6-21 (2) in a grievance or administrative hearing in which
6-22 the commissioner or a person related in the first degree by
6-23 consanguinity to the commissioner is a party.
6-24 (m) If an elected commissioner ceases to reside in a housing
6-25 unit operated by the public housing authority during the
6-26 commissioner's term, a majority of the other commissioners shall
6-27 decide whether to hold a special election to fill the position
7-1 occupied by the commissioner. A minimum of 60 days' notice of the
7-2 election is required to be provided to the residents of the housing
7-3 authority. A majority of the commissioners may decide to allow the
7-4 elected commissioner to serve the remaining portion of the
7-5 commissioner's term.
7-6 (n) If an elected commissioner fails to attend three
7-7 consecutive regularly called meetings of the housing authority
7-8 commissioners during the commissioner's term, a majority of the
7-9 commissioners shall decide whether to declare the position vacant
7-10 and to hold a special election to fill the position. A minimum of
7-11 60 days' notice is required to be provided to the residents of the
7-12 housing authority. A majority of the commissioners may decide to
7-13 allow the elected commissioner to serve the remaining portion of
7-14 the commissioner's term.
7-15 SECTION 5. Sections 392.034(a) and (c), Local Government
7-16 Code, are amended to read as follows:
7-17 (a) One <Two> of the original commissioners of a municipal
7-18 or county housing authority shall be designated to serve one-year
7-19 terms from the date of the commissioner's <their> appointment, and
7-20 two <three> shall be designated to serve two-year terms.
7-21 Subsequent commissioners are appointed for two-year terms.
7-22 (c) Elected commissioners of a municipal, county, or
7-23 regional housing authority serve two-year terms. Elected
7-24 commissioners may continue to serve after expiration of their terms
7-25 until positions are filled in accordance with this section
7-26 <Vacancies shall be filled for the unexpired term>.
7-27 SECTION 6. (a) This Act takes effect September 1, 1993.
8-1 (b) A municipal, county, or regional housing authority
8-2 created before the effective date of this Act shall be governed by
8-3 its existing appointed commissioners until July 1, 1994, and the
8-4 former law is continued in effect for that purpose.
8-5 (c) A municipal, county, or regional housing authority shall
8-6 hold elections for commissioners as soon as practicable, but before
8-7 July 1, 1994.
8-8 SECTION 7. The importance of this legislation and the
8-9 crowded condition of the calendars in both houses create an
8-10 emergency and an imperative public necessity that the
8-11 constitutional rule requiring bills to be read on three several
8-12 days in each house be suspended, and this rule is hereby suspended.