79R11314 MFC-F
By: West, Royce 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.