1-1 By: McClendon (Senate Sponsor - Madla) H.B. No. 3790
1-2 (In the Senate - Received from the House April 19, 1999;
1-3 April 20, 1999, read first time and referred to Committee on
1-4 Intergovernmental Relations; April 29, 1999, reported favorably by
1-5 the following vote: Yeas 4, Nays 0; April 29, 1999, sent to
1-6 printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the ability of an employee of a public housing
1-10 authority to participate in certain contracts or agreements for
1-11 housing assistance.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 392.043, Local Government Code, is
1-14 amended by amending Subsection (a) and by adding Subsections (f)
1-15 and (g) to read as follows:
1-16 (a) Except as provided by Subsection (b), [or] (c), or (f),
1-17 an employee of an authority may not have dealings with a housing
1-18 project for pecuniary gain and may not own, acquire, or control a
1-19 direct or indirect interest in a:
1-20 (1) housing project;
1-21 (2) property included or planned to be included in a
1-22 housing project;
1-23 (3) contract or proposed contract for the sale of land
1-24 to be used for a housing project;
1-25 (4) contract or proposed contract for the construction
1-26 of a housing project; or
1-27 (5) contract or proposed contract for the sale of
1-28 materials or services to be furnished or used in connection with a
1-29 housing project.
1-30 (f) An employee of an authority may be a party to or
1-31 otherwise participate in a contract or agreement for assistance
1-32 under a housing program, including a contract or agreement for
1-33 public housing, Section 8 housing assistance, low-interest home
1-34 loans, lease-purchase assistance, or down payment assistance, to
1-35 the same extent as a member of the public if the employee qualifies
1-36 for assistance under the program.
1-37 (g) In this section, "Section 8 housing assistance" means
1-38 housing assistance provided under Section 8, United States Housing
1-39 Act of 1937 (42 U.S.C. Section 1437f).
1-40 SECTION 2. Conduct described by Section 392.043(f), Local
1-41 Government Code, as added by this Act, that constituted an offense
1-42 under Section 392.043, Local Government Code, before the effective
1-43 date of this Act may not be prosecuted after the effective date of
1-44 this Act. If on the effective date of this Act a criminal action
1-45 is pending for conduct described by Subsection (f) that constituted
1-46 an offense under Section 392.043, the action is dismissed on that
1-47 date. However, a final conviction for conduct described by
1-48 Subsection (f) that constituted an offense under Section 392.043
1-49 that exists on the effective date of this Act is unaffected by this
1-50 Act.
1-51 SECTION 3. The importance of this legislation and the
1-52 crowded condition of the calendars in both houses create an
1-53 emergency and an imperative public necessity that the
1-54 constitutional rule requiring bills to be read on three several
1-55 days in each house be suspended, and this rule is hereby suspended,
1-56 and that this Act take effect and be in force from and after its
1-57 passage, and it is so enacted.
1-58 * * * * *