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.