Bill Text: TX HB2792 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to housing authorities established by municipalities and counties.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2017-06-15 - Vetoed by the Governor [HB2792 Detail]
Download: Texas-2017-HB2792-Enrolled.html
H.B. No. 2792 |
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relating to housing authorities established by municipalities and | ||
counties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 392.005(c) and (d), Local Government | ||
Code, are amended to read as follows: | ||
(c) An exemption under this section for a multifamily | ||
residential development which is owned by [ |
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corporation created by a housing authority under Chapter 303, owned | ||
by [ |
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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) [ |
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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. | ||
SECTION 2. 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: | ||
(1) a tenant of a public project over which the housing | ||
authority has jurisdiction; or | ||
(2) a [ |
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assistance administered through the authority's housing choice | ||
voucher program or project-based rental assistance program. | ||
SECTION 3. Section 392.0331, Local Government Code, is | ||
amended by amending Subsections (b), (b-2), (g), and (h-1) and | ||
adding Subsection (b-3) to read as follows: | ||
(b) Except as provided by Subsections [ |
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and (b-2), 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 or project-based rental assistance program. Except | ||
as provided by Subsection (b-3) [ |
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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 or project-based rental assistance program. | ||
(b-2) This subsection applies only to a municipality that | ||
has a population over 600,000 and is located adjacent to the | ||
international border of this state. In appointing commissioners | ||
under Section 392.031, a municipality described by this subsection | ||
that has a municipal housing authority composed of five | ||
commissioners shall appoint at least one commissioner to the | ||
authority who is: | ||
(1) a tenant of a public housing project over which the | ||
authority has jurisdiction; or | ||
(2) a recipient of housing assistance administered | ||
through the authority's housing choice voucher program or | ||
project-based rental assistance program. | ||
(b-3) In appointing commissioners under Section 392.031, a | ||
municipality that has a population over two million and a municipal | ||
housing authority composed of seven or more commissioners shall | ||
appoint at least two commissioners to the authority who are: | ||
(1) tenants of a public housing project over which the | ||
authority has jurisdiction; or | ||
(2) recipients of housing assistance administered | ||
through the authority's housing choice voucher program. | ||
(g) A commissioner appointed under this section may not | ||
participate: | ||
(1) in any vote or discussion concerning the | ||
termination of: | ||
(A) the commissioner's occupancy rights in | ||
public housing; | ||
(B) the commissioner's rights to housing | ||
assistance administered through a housing choice voucher program or | ||
a project-based rental assistance program; or | ||
(C) the rights of any person related in the first | ||
degree by consanguinity to the commissioner with respect to the | ||
person's occupancy rights in public housing or right to receive | ||
housing assistance administered through a housing choice voucher | ||
program or a project-based rental assistance program; 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-1) If a commissioner appointed under this section as a | ||
recipient of housing assistance administered through the | ||
authority's housing choice voucher program or project-based rental | ||
assistance program ceases to receive that 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. | ||
SECTION 4. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2792 was passed by the House on April | ||
27, 2017, by the following vote: Yeas 139, Nays 6, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 2792 on May 25, 2017, by the following vote: Yeas 133, Nays 11, | ||
3 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2792 was passed by the Senate, with | ||
amendments, on May 23, 2017, by the following vote: Yeas 20, Nays | ||
11. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |