By Maxey                                         H.B. No. 719

      75R3004 DRH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the power to appoint the commissioners of a housing

 1-3     authority in certain municipalities.

 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.

1-10           (b)  Except as provided by Subsection (c), the [The]

1-11     presiding officer of the governing body of a municipality shall

1-12     appoint the [five persons to serve as] commissioners of the

1-13     authority.

1-14           (c)  In a municipality that has a population of more than

1-15     450,000 and in which all members of the governing body are elected

1-16     on an at-large basis, the governing body of the municipality shall

1-17     appoint the commissioners of the authority.

1-18           (d)  A [An appointed] commissioner of the authority may not

1-19     be an officer or employee of the municipality.  Appointments made

1-20     under this section must comply with the requirements of Section

1-21     392.0331, if applicable.

1-22           [(b)  A commissioner may not be an officer or employee of the

1-23     municipality.]  A commissioner may be a tenant of a public project

1-24     over which the housing authority has jurisdiction.

 2-1           (e) [(c)]  A certificate of the appointment of a commissioner

 2-2     shall be filed with the clerk of the municipality.  The certificate

 2-3     is conclusive evidence of the proper appointment of the

 2-4     commissioner.

 2-5           SECTION 2.  The changes in law made by this Act do not affect

 2-6     the entitlement of a commissioner of a municipal housing authority

 2-7     to continue to serve for the term for which the commissioner was

 2-8     originally appointed.  As the terms of commissioners expire or as

 2-9     vacancies are created, the appointment of commissioners shall be

2-10     made in accordance with Section 392.031, Local Government Code, as

2-11     amended by this Act.

2-12           SECTION 3.  This Act takes effect September 1, 1997.

2-13           SECTION 4.  The importance of this legislation and the

2-14     crowded condition of the calendars in both houses create an

2-15     emergency and an imperative public necessity that the

2-16     constitutional rule requiring bills to be read on three several

2-17     days in each house be suspended, and this rule is hereby suspended.