By: Christian H.B. No. 424
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain housing authorities;
providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 392.0331, Local Government Code, is
amended by amending Subsection (a) and adding Subsections (j) and
(k) to read as follows:
(a) This section applies only to:
(1) 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
(2) 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) In this section, "public housing unit" is a dwelling
unit for which the owner receives a public housing operating
subsidy from the United States Department of Housing and Urban
Development. The term does not include a unit for which payments
are made to the landlord under the federal Section 8 Housing Choice
Voucher Program.
(k) On an annual basis in a manner prescribed by the
department, a housing authority shall provide the Texas Department
of Housing and Community Affairs 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. Subchapter C, Chapter 392, Local Government
Code, is amended by adding Section 392.0332 to read as follows:
Sec. 392.0332. TENANT COMMISSIONER REQUIREMENT FOR SMALL
MUNICIPAL HOUSING AUTHORITIES. (a) In this section, "small
municipal housing authority" means a municipal housing authority
that has fewer than 300 housing units under its jurisdiction. The
term includes an authority with no housing units that administers
only Section 8 housing assistance provided under Section 8, United
States Housing Act of 1937 (42 U.S.C. Section 1437f), as amended.
(b) Section 392.0331 applies to a municipality with respect
to a small municipal housing authority unless the municipality,
acting through the housing authority:
(1) makes a reasonable effort to recruit eligible
tenants to serve as commissioners of the authority, including
notifying the authority's resident advisory board of the
opportunity for eligible tenants to serve as commissioners of the
authority;
(2) does not receive any positive tenant response on
or before the 30th day following the date that notice is provided to
the resident advisory board under Subdivision (1);
(3) repeats the requirements of Subdivisions (1) and
(2) at least annually; and
(4) provides the Texas Department of Housing and
Community Affairs with the annual notice required by Section
392.0331(k).
SECTION 3. Section 392.038, Local Government Code, is
amended to read as follows:
Sec. 392.038. OTHER OFFICERS AND EMPLOYEES OF A MUNICIPAL
OR COUNTY HOUSING AUTHORITY. (a) A municipal or county housing
authority may employ a secretary, who shall serve as executive
director, and may employ technical experts and other officers,
agents, and employees, permanent or temporary, the authority
considers necessary, except as prohibited in Subsection (b). The
authority shall determine the qualifications, duties, and
compensation of the persons employed.
(b) A housing authority may not use any money under the
control of the authority to pay:
(1) lobbying expenses incurred by the authority;
(2) a person that is required to register with the
Texas Ethics Commission under Chapter 305, Government Code;
(3) any partner, employee, employer, relative,
contractor, consultant, or related entity of a person described by
Subdivision (2); or
(4) a person that has been hired to represent
associations or other entities for the purpose of affecting the
outcome of legislation, agency rules, ordinances, or other
government policies.
(c) A person who violates Subsection (b) commits an offense.
An offense under this section is a Class A misdemeanor.
(d) Section 305.026, Government Code, does not apply to a
housing authority.
(e) The restriction imposed by this section is in addition
to the restriction imposed by Section 556.0055, Government Code.
SECTION 4. 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. As the terms of
commissioners of the housing authority expire or as a vacancy is
created in a commissioner's position, the presiding officer of the
municipality shall appoint the tenant member or members required by
Section 392.0331, Local Government Code, as amended by this Act.
SECTION 5. This Act takes effect September 1, 2003.