By: Miles H.B. No. 3869
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the appointment of commissioners of public housing
  authorities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 392.031(b), Local Government Code, is
  amended to read as follows:
         (b)  A commissioner may not be an officer or employee of the
  municipality. A commissioner may be a tenant of a public project
  over which the housing authority has jurisdiction or a person who is
  directly assisted by a housing authority through its housing choice
  voucher program.
         SECTION 2.  Section 392.0331(b), Local Government Code, is
  amended to read as follows:
         (b)  Except as provided by Subsection (b-1), in appointing
  commissioners under Section 392.031, a municipality with a
  municipal housing authority composed of five commissioners shall
  appoint at least one commissioner 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 with a municipal housing authority composed of
  seven or more commissioners shall appoint at least two
  commissioners to the authority who are tenants of a public housing
  project over which the authority has jurisdiction. In appointing
  commissioners under Section 392.031, a municipality with a
  population over 2,000,000 with a municipal housing authority
  composed of seven or more commissioners shall appoint at least two
  commissioners to the authority who are directly assisted by the
  housing authority, either as tenants of a public housing project
  over which the authority has jurisdiction or as recipients of
  housing assistance through the authority's housing choice voucher
  program.
         SECTION 4.  Section 392.0331(g), Local Government Code, is
  amended to read as follows:
         (g)  A commissioner appointed under this section may not
  participate:
               (1)  in any vote or discussion concerning the
  termination of the commissioner's occupancy rights in public
  housing or of the commissioner's rights to housing assistance from
  a housing choice voucher program or the rights of any person related
  to the first degree of consanguinity to the commissioner with
  respect to such person's occupancy rights in public housing or
  right to receive housing assistance from a housing choice voucher
  program; or
               (2)  in a grievance or administrative hearing in which
  the commissioner or a person related in the first degree of
  consanguinity to the commissioner is a party.
         SECTION 5.  Section 392.0331(h), Local Government Code, is
  amended to read as follows:
         (h)  If a commissioner appointed under this section as a
  tenant of a public housing project ceases to reside in a housing
  unit operated 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. If a
  commissioner appointed under this section as a person receiving
  direct housing assistance from a housing choice voucher program
  ceases to receive such assistance, 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.