By:  West                                                         S.B. No. 1841


A BILL TO BE ENTITLED

AN ACT

relating to appointing certain recipients of housing assistance as 
commissioners of public housing authorities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 392.0331, Local Government Code, is 
amended by amending Subsections (b), (c), (d), (g), and (h) and 
adding Subsection (j) to read as follows:
	(b)  In appointing commissioners under Section 392.031, a 
municipality with a municipal housing authority composed of five 
commissioners shall appoint at least one eligible tenant as a 
commissioner of [to] the authority [who is a tenant of a public 
housing project over which the authority has jurisdiction].  In 
appointing commissioners under Section 392.031, a municipality 
with a municipal housing authority composed of seven or more 
commissioners shall appoint at least two eligible tenants as 
commissioners of [to] the authority [who are tenants of a public 
housing project over which the authority has jurisdiction].
	(c)  In appointing commissioners under Section 392.032, a 
county shall appoint at least one eligible tenant as a commissioner 
of [to] a county housing authority [who is a tenant of a public 
housing project over which the county housing authority has 
jurisdiction].
	(d)  In appointing commissioners under Section 392.033, a 
county or counties comprising a regional housing authority shall 
appoint at least one eligible tenant as a commissioner of the [to a] 
regional housing authority [who is a tenant of a public housing 
project over which the regional housing authority has 
jurisdiction].  If more than one county comprises a regional 
housing authority, the counties shall agree to a method for 
appointing the tenant member to the regional housing authority.
	(g)  A commissioner appointed under this section may not 
participate:        
		(1)  in any vote or discussion concerning:                             
			(A)  the termination of the commissioner's 
occupancy rights in public housing or the commissioner's 
tenant-based housing assistance rights; or
			(B)  the corresponding rights of any person 
related in the first degree by consanguinity to the commissioner; 
or
		(2)  in a grievance or administrative hearing in which 
the commissioner or a person related in the first degree by 
consanguinity to the commissioner is a party.
	(h)  If during the commissioner's term a commissioner 
appointed under this section ceases to reside in a housing unit 
operated by the public housing authority or ceases to receive 
tenant-based housing assistance administered by the public housing 
authority [during the commissioner's term], a majority of the other 
commissioners shall decide whether to request that a new 
commissioner be appointed.  A majority of the commissioners may 
decide to allow the commissioner to serve the remaining portion of 
the commissioner's term.
	(j)  In this section:                                                   
		(1)  "Eligible tenant" means:                                          
			(A)  a tenant of a public housing project over 
which the housing authority has jurisdiction; or
			(B)  a recipient of tenant-based housing 
assistance administered by the housing authority.
		(2)  "Tenant-based housing assistance" means 
tenant-based housing assistance provided under Section 8, United 
States Housing Act of 1937 (42 U.S.C. Section 1437f).
	SECTION 2.  The change in law made by this Act in amending 
Section 392.0331, 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 or county shall appoint the tenant 
member or members required by Section 392.0331, Local Government 
Code, as amended by this Act.
	SECTION 3.  This Act takes effect September 1, 2005.