Bill Text: TX HB2975 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the merger of housing authorities in certain municipalities and counties.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-14 - Effective immediately [HB2975 Detail]
Download: Texas-2013-HB2975-Enrolled.html
H.B. No. 2975 |
|
||
relating to the merger of housing authorities in certain | ||
municipalities and counties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 392, Local Government | ||
Code, is amended by adding Sections 392.0131 and 392.0161 to read as | ||
follows: | ||
Sec. 392.0131. MERGER OF CERTAIN COUNTY HOUSING AUTHORITIES | ||
INTO MUNICIPAL HOUSING AUTHORITIES. (a) This section applies only | ||
to the merger of housing authorities operating in: | ||
(1) a county that has a population of 800,000 or more | ||
and is located on the international border; and | ||
(2) a municipality that has a population of more than | ||
600,000 and less than 700,000 and is located in a county described | ||
by Subdivision (1). | ||
(b) If the commissioners court of a county described by | ||
Subsection (a)(1) and the governing body of a municipality | ||
described by Subsection (a)(2) declare by resolutions that there is | ||
a need for the county housing authority to consolidate its powers | ||
with the municipal housing authority under this chapter, the county | ||
housing authority is merged into the housing authority for the | ||
municipality. | ||
(c) The commissioners court and the governing body of the | ||
municipality may adopt a resolution declaring that there is a need | ||
for a merger as described by Subsection (b) only if the | ||
commissioners court and the governing body of the municipality each | ||
find that a merged housing authority would be more efficient or | ||
economical than separate county and municipal housing authorities | ||
in carrying out the purposes of this chapter. | ||
(d) If a county housing authority has outstanding | ||
obligations, the commissioners court may not adopt a resolution | ||
declaring a need for a merger as described by Subsection (b) unless: | ||
(1) each obligee of the authority and each party to a | ||
contract, bond, note, or other obligation of the authority agrees | ||
to the substitution of the municipal housing authority on the | ||
contract, bond, note, or other obligation; and | ||
(2) the commissioners of the county housing authority | ||
and of the municipal housing authority to be merged each adopt | ||
resolutions consenting to the transfer of the rights, contracts, | ||
agreements, obligations, and property of the county housing | ||
authority to the municipal housing authority. | ||
(e) In a proceeding involving the validity or enforcement | ||
of, or relating to, a contract of a merged housing authority, proof | ||
of a resolution adopted under Subsection (b) by the commissioners | ||
court of the county and the governing body of the municipality is | ||
conclusive evidence that the merged housing authority is authorized | ||
to transact business and exercise its powers under this chapter. | ||
(f) When housing authorities are merged in the manner | ||
provided by this section: | ||
(1) the rights, contracts, agreements, obligations, | ||
and property of the county housing authority become those of the | ||
municipal housing authority; | ||
(2) the county housing authority shall execute deeds | ||
of the property to the municipal housing authority, which shall | ||
file the deeds with the county clerk of the county where the real | ||
property is located; and | ||
(3) a person with rights or remedies against the | ||
county housing authority may assert, enforce, and prosecute those | ||
rights or remedies against the municipal housing authority. | ||
(g) The vesting of the real property in the municipal | ||
housing authority is not contingent on compliance with Subsection | ||
(f)(2). | ||
(h) At the time housing authorities are merged in the manner | ||
provided by this section, the county housing authority ceases to | ||
exist, except for the purpose of winding up the affairs of the | ||
authority and executing the deeds of real property to the municipal | ||
housing authority. | ||
Sec. 392.0161. AREA OF OPERATION OF A MERGED HOUSING | ||
AUTHORITY. Notwithstanding Section 392.017(b), the area of | ||
operation of a merged housing authority is the county in which the | ||
authority is created, excluding any part of the county that is | ||
within the territorial boundaries of a municipality other than the | ||
municipality operating the municipal housing authority into which | ||
the county housing authority was merged. | ||
SECTION 2. Section 392.019, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 392.019. EFFECT OF COOPERATION AGREEMENT ON AREA OF | ||
OPERATION OF HOUSING AUTHORITY. Regardless of Sections 392.015, | ||
[ |
||
housing authority, a county housing authority, [ |
||
housing authority, or a merged housing authority may extend to and | ||
include another municipality, county, or other political | ||
subdivision of this state, under the terms of a cooperation | ||
agreement made under Section 392.059. | ||
SECTION 3. Sections 392.063(a) and (c), Local Government | ||
Code, are amended to read as follows: | ||
(a) A county, [ |
||
borrow money, accept grants, and exercise its powers to provide | ||
housing for farmers of low income. | ||
(c) The owner of a farm operated, or worked on, by farmers of | ||
low income in need of safe and sanitary housing may file an | ||
application with a county, [ |
||
authority requesting that the authority provide safe and sanitary | ||
housing for the farmers. The housing authority shall consider the | ||
applications in connection with the formulation of projects or | ||
programs to provide housing for farmers of low income. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2975 was passed by the House on May 8, | ||
2013, by the following vote: Yeas 147, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2975 was passed by the Senate on May | ||
22, 2013, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |