1-1 AN ACT
1-2 relating to the ability of an employee of a public housing
1-3 authority to participate in certain contracts or agreements for
1-4 housing assistance.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 392.043, Local Government Code, is
1-7 amended by amending Subsection (a) and by adding Subsections (f)
1-8 and (g) to read as follows:
1-9 (a) Except as provided by Subsection (b), [or] (c), or (f),
1-10 an employee of an authority may not have dealings with a housing
1-11 project for pecuniary gain and may not own, acquire, or control a
1-12 direct or indirect interest in a:
1-13 (1) housing project;
1-14 (2) property included or planned to be included in a
1-15 housing project;
1-16 (3) contract or proposed contract for the sale of land
1-17 to be used for a housing project;
1-18 (4) contract or proposed contract for the construction
1-19 of a housing project; or
1-20 (5) contract or proposed contract for the sale of
1-21 materials or services to be furnished or used in connection with a
1-22 housing project.
1-23 (f) An employee of an authority may be a party to or
1-24 otherwise participate in a contract or agreement for assistance
2-1 under a housing program, including a contract or agreement for
2-2 public housing, Section 8 housing assistance, low-interest home
2-3 loans, lease-purchase assistance, or down payment assistance, to
2-4 the same extent as a member of the public if the employee qualifies
2-5 for assistance under the program.
2-6 (g) In this section, "Section 8 housing assistance" means
2-7 housing assistance provided under Section 8, United States Housing
2-8 Act of 1937 (42 U.S.C. Section 1437f).
2-9 SECTION 2. Conduct described by Section 392.043(f), Local
2-10 Government Code, as added by this Act, that constituted an offense
2-11 under Section 392.043, Local Government Code, before the effective
2-12 date of this Act may not be prosecuted after the effective date of
2-13 this Act. If on the effective date of this Act a criminal action
2-14 is pending for conduct described by Subsection (f) that constituted
2-15 an offense under Section 392.043, the action is dismissed on that
2-16 date. However, a final conviction for conduct described by
2-17 Subsection (f) that constituted an offense under Section 392.043
2-18 that exists on the effective date of this Act is unaffected by this
2-19 Act.
2-20 SECTION 3. The importance of this legislation and the
2-21 crowded condition of the calendars in both houses create an
2-22 emergency and an imperative public necessity that the
2-23 constitutional rule requiring bills to be read on three several
2-24 days in each house be suspended, and this rule is hereby suspended,
2-25 and that this Act take effect and be in force from and after its
2-26 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3790 was passed by the House on April
16, 1999, by the following vote: Yeas 136, Nays 0, 2 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3790 was passed by the Senate on May
10, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor