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SECTION 2. Amend Sec.
392.005, Local Government Code, to read as follows: Sec. 392.005. TAX
EXEMPTION.
(a) The property of an
authority is public property used for essential public and governmental
purposes. The authority and the authority's property are exempt from all
taxes and special assessments of a municipality, a county, another
political subdivision, or the state.
(b) If a municipality,
county, or political subdivision furnishes improvements, services, or
facilities for a housing project, an authority may, in lieu of paying taxes
or special assessments, agree to reimburse in payments to the municipality,
county, or political subdivision an amount not greater than the estimated
cost to the municipality, county, or political subdivision for the
improvements, services, or facilities.
(c) An exemption under this
section for a multifamily residential development which is owned by (i) a
public facility corporation created by a housing authority under Chapter
303, (ii) a housing development corporation, or (iii) a similar entity
created by a housing authority and which does not have at least 20 percent
of its units either (i) reserved for public housing units or (ii)
rent restricted units
subsidized by a public housing authority
applies only if:
(1) the authority holds a
public hearing, at a regular meeting of the authority's governing body, to
approve the development; and
(2) at least 50 percent of
the units in the multifamily residential development are reserved for
occupancy by individuals and families earning less than 80 percent of the
area median family income.
(d) For the purposes of
Subsection (c), a "public housing unit" is a dwelling unit for
which the owner receives a public housing operating subsidy or a
dwelling unit for which the owner received public housing operating subsidy
but has been approved for conversion
through the Rental Assistance Demonstration Program.
It does not include a unit or
units for which payments are made to the landlord under the federal
Section 8 Housing Choice Voucher Program, unless the unit or units were
converted through the Rental Assistance Demonstration (RAD) program.
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SECTION 1. Sections
392.005(c) and (d), Local Government Code, are amended to read as follows:
No
equivalent provision.
No
equivalent provision.
(c) An exemption under this
section for a multifamily residential development which is owned by [(i)]
a public facility corporation created by a housing authority under Chapter
303, owned by [(ii)] a housing development corporation, or owned
by [(iii)] a similar entity created by a housing authority and
which does not have at least 20 percent of its units reserved for public
housing units,
rent-restricted units
subsidized by a housing authority, or a
combination of public housing and rent-restricted units, applies
only if:
(1) the authority holds a
public hearing, at a regular meeting of the authority's governing body, to
approve the development; and
(2) at least 50 percent of
the units in the multifamily residential development are reserved for
occupancy by individuals and families earning less than 80 percent of the
area median family income.
(d) For the purposes of
Subsection (c), a "public housing unit":
(1) is a dwelling
unit for which the owner:
(A) receives a public
housing operating subsidy; or
(B) received a public
housing operating subsidy, if the
dwelling unit was subsequently converted through the Rental
Assistance Demonstration program administered
by the United States Department of Housing and Urban Development as
specified by the Consolidated and Further Continuing Appropriations Act of
2012 (Pub. L. No. 112-55) and its subsequent amendments; and
(2) [. It]
does not include a unit for which payments are made to the landlord under
the federal Section 8 Housing Choice Voucher Program unless the unit was
converted under the Rental Assistance Demonstration program.
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SECTION 3. Sec. 392.0031,
Local Government Code, is amended to read as follows:
Sec. 392.0331. APPOINTMENT
OF TENANT REPRESENTATIVE AS COMMISSIONER OF MUNICIPAL, COUNTY, OR REGIONAL
HOUSING AUTHORITY.
(a) This section applies
only to:
(1) a municipality; or
(2) a county that has a
county housing authority or is a member of regional housing authority and
the total number of units in the authority is more than 750.
(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, or is a recipient of housing assistance administered
through the authority's housing choice voucher program who are residing in a unit owned by the
housing authority that was converted through the Rental Assistance
Demonstration (RAD) program.
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
commissioners to the authority who are tenants of a public housing project
over which the authority has jurisdiction, or are recipients of housing
assistance administered through the authority's housing choice voucher
program who are residing in a unit owned
by the housing authority that was converted through the Rental Assistance
Demonstration (RAD) program.
(b-1) The presiding officer of
the governing body of a municipality that has a municipal housing authority
in which the total number of units is 150 or fewer is not required to
appoint a tenant to the position of commissioner as otherwise required by
Subsection (b) if the presiding officer has provided timely notice of a
vacancy in the position to all eligible tenants and is unable to fill the
position with an eligible tenant before the 60th day after the date the
position becomes vacant.
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SECTION 2. Section
392.0331(b), Local Government Code, is amended to read as follows:
No
equivalent provision.
No
equivalent provision.
(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 or who is a recipient of housing assistance administered
through the authority's housing choice voucher program.
Except
as provided by Subsection (b-2),
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
commissioners to the authority who are tenants of a public housing project
over which the authority has jurisdiction or who are recipients of
housing assistance administered through the authority's housing choice
voucher program.
No
equivalent provision.
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