BILL ANALYSIS

C.S.H.B. 4840

By: Bell, Keith

Intergovernmental Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Under current law, municipal housing authorities in Texas are governed by a board of commissioners appointed by the presiding officer of the municipality's governing body. The bill author has informed the committee that in most cases, the appointing presiding officer is the mayor and the governing body of the municipality is the city council. C.S.H.B. 4840 seeks to promote greater transparency and shared responsibility in the appointment process for commissioners of municipal housing authorities by shifting appointment authority from the presiding officer to the full municipal governing body in certain municipalities.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 4840 amends the Local Government Code to restrict the applicability of the requirement for the presiding officer of the governing body of a municipality to appoint five, seven, nine, or 11 persons to serve as commissioners of the housing authority of the municipality to a municipality with a population of 40,000 or more. The bill requires the governing body of a municipality with a population of less than 40,000 to appoint by majority vote five, seven, nine, or 11 persons to serve as commissioners of the housing authority for the municipality. The bill makes that requirement applicable to the exception from the requirement to appoint a tenant representative or other recipients of housing assistance as a commissioner of certain municipal, county, or regional housing authorities.

C.S.H.B. 4840 does not affect the ability of a commissioner of a housing authority who was appointed by the presiding officer of the governing body of a municipality and who is serving on the bill's effective date to continue to serve the remainder of the term to which the commissioner is appointed. The bill requires the governing body of the municipality, as the terms of commissioners of the housing authority expire or as a vacancy is created in a commissioner's position, to appoint the commissioners as required by the bill's provisions.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 4840 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

Whereas the introduced revised the manner in which the commissioners of a municipal housing authority are appointed from appointment by the presiding officer of the governing body of a municipality to appointment by majority vote of the governing body of a municipality and made that revision applicable to the exception from the requirement to appoint a tenant representative or other recipients of housing assistance as a commissioner of certain municipal, county, or regional housing authorities, the substitute does the following:

· restricts the applicability of the requirement for the presiding officer of the governing body of a municipality to appoint five, seven, nine, or 11 persons to serve as commissioners of the housing authority of the municipality to a municipality with a population of 40,000 or more;

· requires the governing body of a municipality with a population of less than 40,000 to appoint by majority vote five, seven, nine, or 11 persons to serve as commissioners of the housing authority for the municipality; and

· makes that requirement applicable to the exception from the requirement to appoint a tenant representative or other recipients of housing assistance as a commissioner of certain municipal, county, or regional housing authorities.