1-1 By: Naishtat, et al. (Senate Sponsor - Ellis) H.B. No. 1547
1-2 (In the Senate - Received from the House May 10, 1993;
1-3 May 12, 1993, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 20, 1993, reported favorably by
1-5 the following vote: Yeas 10, Nays 0; May 20, 1993, sent to
1-6 printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to the appointment of commissioners of public housing
1-23 authorities.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Section 392.031(a), Local Government Code, is
1-26 amended to read as follows:
1-27 (a) Each municipal housing authority shall be governed by
1-28 five commissioners. The presiding officer of the governing body
1-29 of a municipality <If the governing body of a municipality adopts a
1-30 resolution declaring a need for a housing authority, the governing
1-31 body shall promptly notify the mayor of the adoption. On receiving
1-32 the notice, the mayor> shall appoint five persons to serve as
1-33 commissioners of the authority. An appointed commissioner of the
1-34 authority may not be an officer or employee of the municipality.
1-35 Appointments made under this section must comply with the
1-36 requirements of Section 392.0331, if applicable.
1-37 SECTION 2. Section 392.032(a), Local Government Code, is
1-38 amended to read as follows:
1-39 (a) Each county housing authority shall be governed by five
1-40 commissioners. The <If the commissioners court adopts a resolution
1-41 declaring a need for a county housing authority, the> commissioners
1-42 court shall appoint five persons to serve as commissioners of the
1-43 authority. An appointed commissioner of the authority may not be
1-44 an officer or employee of the county. Appointments made under this
1-45 section must comply with the requirements of Section 392.0331, if
1-46 applicable.
1-47 SECTION 3. Section 392.033, Local Government Code, is
1-48 amended to read as follows:
1-49 Sec. 392.033. APPOINTMENT OF COMMISSIONERS OF A REGIONAL
1-50 HOUSING AUTHORITY. (a) The <On creation of a regional housing
1-51 authority, the> commissioners court of each county in a regional
1-52 housing <the> authority shall appoint a person to serve as a
1-53 commissioner of the authority. Subsequently, the commissioners
1-54 court of each county shall appoint successors to the commissioner
1-55 of the authority appointed by that commissioners court. An
1-56 appointed commissioner of the authority may not be an officer or
1-57 employee of the county.
1-58 (b) If the area of operation of an authority is increased to
1-59 include another county, the commissioners court of that county
1-60 shall appoint a person to serve as a commissioner of the authority
1-61 and, subsequently, the successors to that commissioner.
1-62 (c) If there are only two counties in the housing authority,
1-63 the commissioners of the authority appointed by the commissioners
1-64 courts shall appoint an additional commissioner to serve as
1-65 commissioner of the authority. Subsequently, the commissioners of
1-66 the authority appointed by the commissioners courts shall appoint a
1-67 person to succeed the additional commissioner if the successor's
1-68 term of office begins during their term of office. If the area of
2-1 operation of the authority is increased to more than two counties,
2-2 a successor to the additional commissioner is not appointed.
2-3 (d) If the housing authority contains only one county, the
2-4 commissioners court of that county shall appoint three persons
2-5 instead of one person to serve as commissioners of the authority.
2-6 Subsequently, the commissioners court of the county shall appoint
2-7 successors to the commissioners of the authority appointed by that
2-8 commissioners court.
2-9 (e) A certificate of the appointment of a commissioner
2-10 appointed by a commissioners court shall be filed with the county
2-11 clerk. The certificate is conclusive evidence of the proper
2-12 appointment of the commissioner.
2-13 (f) <(e)> A certificate of the appointment of an additional
2-14 commissioner by the commissioners of an authority composed of only
2-15 two counties shall be filed with the records of the authority. The
2-16 certificate is conclusive evidence of the proper appointment of the
2-17 commissioner.
2-18 (g) Appointments made under this section must comply with
2-19 the requirements of Section 392.0331, if applicable.
2-20 SECTION 4. Subchapter C, Chapter 392, Local Government Code,
2-21 is amended by adding Section 392.0331 to read as follows:
2-22 Sec. 392.0331. APPOINTMENT OF TENANT REPRESENTATIVE AS
2-23 COMMISSIONER OF MUNICIPAL, COUNTY, OR REGIONAL HOUSING AUTHORITY.
2-24 (a) This section applies only to:
2-25 (1) a municipality with a population of 75,000 or
2-26 more; or
2-27 (2) a county that has a county housing authority or is
2-28 a member of a regional housing authority and the total number of
2-29 units in the authority is more than 750.
2-30 (b) In appointing commissioners under Section 392.031, a
2-31 municipality shall appoint at least one commissioner to a municipal
2-32 housing authority who is a tenant of a public housing project over
2-33 which the municipal housing authority has jurisdiction.
2-34 (c) In appointing commissioners under Section 392.032, a
2-35 county shall appoint at least one commissioner to a county housing
2-36 authority who is a tenant of a public housing project over which
2-37 the county housing authority has jurisdiction.
2-38 (d) In appointing commissioners under Section 392.033, a
2-39 county or counties comprising a regional housing authority shall
2-40 appoint at least one commissioner to a regional housing authority
2-41 who is a tenant of a public housing project over which the regional
2-42 housing authority has jurisdiction. If more than one county
2-43 comprises a regional housing authority, the counties shall agree to
2-44 a method for appointing the tenant member to the regional housing
2-45 authority.
2-46 (e) A commissioner appointed under this section may not be
2-47 an officer or employee of the municipality or county that appoints
2-48 the commissioner.
2-49 (f) A commissioner appointed under this section may be
2-50 reappointed to consecutive terms.
2-51 (g) A commissioner appointed under this section may not
2-52 participate:
2-53 (1) in any vote or discussion concerning the
2-54 termination of the commissioner's occupancy rights in public
2-55 housing or the rights of any person related in the first degree by
2-56 consanguinity to the commissioner; or
2-57 (2) in a grievance or administrative hearing in which
2-58 the commissioner or a person related in the first degree by
2-59 consanguinity to the commissioner is a party.
2-60 (h) If a commissioner appointed under this section ceases to
2-61 reside in a housing unit operated by the public housing authority
2-62 during the commissioner's term, a majority of the other
2-63 commissioners shall decide whether to request that a new
2-64 commissioner be appointed. A majority of the commissioners may
2-65 decide to allow the commissioner to serve the remaining portion of
2-66 the commissioner's term.
2-67 (i) If a commissioner appointed under this section fails to
2-68 attend three consecutive regularly called meetings of the housing
2-69 authority commissioners during the commissioner's term, a majority
2-70 of the commissioners shall decide whether to declare the position
3-1 vacant and request that a new commissioner be appointed. A
3-2 majority of the commissioners may decide to allow the commissioner
3-3 to serve the remaining portion of the commissioner's term.
3-4 SECTION 5. (a) This Act takes effect September 1, 1993.
3-5 (b) A municipal, county, or regional housing authority
3-6 created before the effective date of this Act may be governed until
3-7 July 1, 1994, by commissioners appointed under the law as it
3-8 existed before the effective date of this Act, and the former law
3-9 is continued in effect for that purpose.
3-10 (c) The governing body of a political subdivision that
3-11 appoints commissioners of a municipal, county, or regional housing
3-12 authority shall appoint a commissioner from the residents of a
3-13 public housing project of a public housing authority, if required
3-14 under Section 392.0331, Local Government Code, as added by this
3-15 Act, as soon as practicable, but before July 1, 1994.
3-16 SECTION 6. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended.
3-21 * * * * *
3-22 Austin,
3-23 Texas
3-24 May 20, 1993
3-25 Hon. Bob Bullock
3-26 President of the Senate
3-27 Sir:
3-28 We, your Committee on Intergovernmental Relations to which was
3-29 referred H.B. No. 1547, have had the same under consideration, and
3-30 I am instructed to report it back to the Senate with the
3-31 recommendation that it do pass and be printed.
3-32 Armbrister,
3-33 Chairman
3-34 * * * * *
3-35 WITNESSES
3-36 FOR AGAINST ON
3-37 ___________________________________________________________________
3-38 Name: John Henneberger x
3-39 Representing: Tx Low Income Housing Coalitio
3-40 City: Austin
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