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A BILL TO BE ENTITLED
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AN ACT
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relating to the housing authorities in certain municipalities and |
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counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 392, Local Government |
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Code, is amended by adding Sections 392.0121, 392.0131, and |
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392.0161 to read as follows: |
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Sec. 392.0121. DISSOLUTION OF COUNTY HOUSING AUTHORITY. |
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(a) The commissioners court of a county described by Section |
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392.0131(a)(1) may determine on its own motion that there is no |
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longer a need for a county housing authority because the conditions |
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described by Section 392.012(f): |
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(1) no longer exist; or |
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(2) may be better and more efficiently addressed by: |
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(A) a merger pursuant to Section 392.0131; or |
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(B) a cooperation agreement entered into by the |
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county and a housing authority pursuant to Section 392.059 and |
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Chapter 791, Government Code. |
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(b) The commissioners court of a county that makes a |
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determination under Subsection (a) shall adopt and file with the |
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county clerk a resolution specifying the reasons for its |
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determination that there is no longer a need for a county housing |
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authority. |
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(c) On the filing of a resolution under Subsection (b): |
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(1) all property, rights, contracts, agreements, and |
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obligations of the housing authority vest in and revert to the |
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ownership of the county; and |
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(2) the county may: |
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(A) enter into a cooperation agreement under |
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Section 392.059 and Chapter 791, Government Code; or |
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(B) merge with a municipal housing authority |
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under Section 392.0131. |
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(d) A person with rights or remedies against the county |
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housing authority may assert, enforce, and prosecute those rights |
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or remedies against the county or against the municipal housing |
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authority in the event of a cooperation agreement pursuant to |
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Section 392.059 and Chapter 791, Government Code, or a merger |
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pursuant to Section 392.0131. |
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(e) A resolution filed under Subsection (b) is conclusive |
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evidence that the county housing authority is no longer authorized |
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to transact business or exercise its powers. |
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Sec. 392.0131. MERGER OF CERTAIN COUNTY HOUSING AUTHORITIES |
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INTO MUNICIPAL HOUSING AUTHORITIES. (a) This section applies only |
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to the merger of housing authorities operating in: |
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(1) a county that has a population of 800,000 or more |
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and is located on the international border; and |
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(2) a municipality that has a population of more than |
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600,000 and less than 700,000 and is located in a county described |
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by Subdivision (1). |
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(b) A housing authority for a county described by Subsection |
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(a)(1) may merge into a housing authority for a municipality that is |
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described by Subsection (a)(2) and located in that county if the |
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merger is approved by the federal government and by a regular |
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majority of: |
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(1) the commissioners of each housing authority; or |
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(2) the commissioners court of the county, pursuant to |
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a resolution made under Section 392.0121(b), and a regular majority |
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of the commissioners of the municipal housing authority. |
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(c) A merger under this section must include a county |
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housing authority's transfer of the following to the municipal |
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housing authority: |
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(1) public housing properties; |
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(2) housing choice voucher and project-based voucher |
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programs; and |
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(3) the annual contributions contract with the federal |
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government. |
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(d) A transfer under Subsection (c) must be accomplished in |
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accordance with applicable federal requirements and with state law |
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or by interlocal cooperative agreement. |
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(e) On the date housing authorities are merged in the manner |
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provided by this section: |
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(1) the county housing authority ceases to exist, |
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except for the purpose of winding up the affairs of the authority |
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and executing deeds of real property to the municipal housing |
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authority; |
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(2) the officers and employees of the municipal |
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housing authority serve as the officers and employees responsible |
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for the merged authority; and |
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(3) the municipal housing authority is responsible for |
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all assets and liabilities of the merged authority. |
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Sec. 392.0161. AREA OF OPERATION OF MERGED HOUSING |
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AUTHORITY. Notwithstanding Section 392.017(b), the area of |
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operation of a merged housing authority is the county in which the |
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authority is created, excluding any part of the county that is |
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within the territorial boundaries of a municipality other than the |
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municipality operating the municipal housing authority into which |
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the county housing authority was merged. |
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SECTION 2. Section 392.019, Local Government Code, is |
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amended to read as follows: |
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Sec. 392.019. EFFECT OF COOPERATION AGREEMENT ON AREA OF |
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OPERATION OF HOUSING AUTHORITY. Regardless of Sections 392.015, |
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[and] 392.016, and 392.0161, the area of operation of a municipal |
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housing authority, a county housing authority, [or] a regional |
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housing authority, or a merged housing authority may extend to and |
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include another municipality, county, or other political |
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subdivision of this state, under the terms of a cooperation |
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agreement made under Section 392.059. |
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SECTION 3. Subsections (a) and (c), Section 392.063, Local |
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Government Code, are amended to read as follows: |
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(a) A county, [or] regional, or merged housing authority may |
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borrow money, accept grants, and exercise its powers to provide |
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housing for farmers of low income. |
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(c) The owner of a farm operated, or worked on, by farmers of |
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low income in need of safe and sanitary housing may file an |
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application with a county, [or] regional, or merged housing |
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authority requesting that the authority provide safe and sanitary |
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housing for the farmers. The housing authority shall consider the |
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applications in connection with the formulation of projects or |
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programs to provide housing for farmers of low income. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |