SRC-JLB H.B. 424 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 424
By: Christian (Staples)
Intergovernmental Relations
5/16/2003
Engrossed


DIGEST AND PURPOSE 

Currently, the Texas Local Government Code, relating to the appointment of
tenant representatives as commissioners of a municipal, county, or
regional housing authority, is inconsistent with federal law, because this
statute applies only to a municipality or a county that has a county
housing authority or is a member of a regional housing authority and the
total number of units in the authority is more than 750.  H.B. 424 sets
forth provisions to make the federal and state standards consistent. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 392.0331, Local Government Code, by amending
Subsection (a) and adding Subsections (j) and (k), as follows: 
 
(a)  Provides that this section applies only to a municipality that has a
municipal housing authority in which the total number of public housing
units is 300 or more, except as provided by Section 392.0332 or a county
that has a county housing authority or is a member of a regional housing
authority and the total number of public housing units in the authority is
more than 750. 
 
 (j)  Defines "public housing unit."

(k)  Requires a housing authority, on an annual basis in a manner
prescribed by the Texas Department of Housing and Community Affairs
(TDHCA), to provide TDHCA with written notice regarding whether a tenant
resident serves as a commissioner of the authority and, if applicable, the
name and mailing address of that resident. 
 
SECTION 2.  Amends Subchapter C, Chapter 392, Local Government Code, by
adding Section 392.0332, as follows: 
 
Sec. 392.0332.  TENANT COMMISSIONER REQUIREMENT FOR SMALL MUNICIPAL
HOUSING AUTHORITIES.  (a)  Defines "small municipal housing authority."  

(b)  Provides that Section 392.0331 applies to a municipality with respect
to a small municipal housing authority unless the municipality, acting
through the housing authority, meets an exception under certain criteria. 

SECTION 3.  Amends Section 392.038, Local Government Code, as follows:
 
Sec. 392.038.  OTHER OFFICERS AND EMPLOYEES OF A MUNICIPAL OR COUNTY
HOUSING AUTHORITY.  (a)  Authorizes a municipal or county housing
authority to employ a secretary, who shall serve as executive director,
and to employ technical experts and other officers, agents, and employees,
permanent or temporary, the  authority considers necessary, except as
prohibited in Subsection (b). 
 
(b)  Prohibits a housing authority from using any money under the control
of the authority to make certain payments. 

  (c)  Provides that a person who violates Subsection (b) commits an
offense.    Provides that an offense under this section is a Class A
misdemeanor. 
 
(d)  Provides that Section 305.026, Government Code, does not apply to a
housing authority. 
 
(e)  Provides that the restriction imposed by this section is in addition
to the restriction imposed by Section 556.0055, Government Code. 
 
SECTION 4.  Provides that the change in law made by this Act in amending
Section 392.0331, Local Government Code, and in adding Section 392.0332,
Local Government Code, does not affect the ability of a commissioner of a
housing authority serving on the effective date of this Act to continue to
serve the remainder of the term to which the member is appointed before
that date.  Requires the presiding officer of the municipality, as the
terms of commissioners of the housing authority expire or as a vacancy is
created in a commissioner's position, to appoint the tenant member or
members required by Section 392.0331, Local Government Code, as amended by
this Act. 
 
SECTION 5.  Effective date:  September 1, 2003.