Bill Text: TX SB1262 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to the housing authorities in certain municipalities and counties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2013-05-15 - Referred to Urban Affairs [SB1262 Detail]
Download: Texas-2013-SB1262-Engrossed.html
By: Rodriguez | S.B. No. 1262 |
|
||
|
||
relating to the 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 392.0121, 392.0131, and | ||
392.0161 to read as follows: | ||
Sec. 392.0121. DISSOLUTION OF COUNTY HOUSING AUTHORITY. | ||
(a) The commissioners court of a county described by Section | ||
392.0131(a)(1) may determine on its own motion that there is no | ||
longer a need for a county housing authority because the conditions | ||
described by Section 392.012(f): | ||
(1) no longer exist; or | ||
(2) may be better and more efficiently addressed by: | ||
(A) a merger pursuant to Section 392.0131; or | ||
(B) a cooperation agreement entered into by the | ||
county and a housing authority pursuant to Section 392.059 and | ||
Chapter 791, Government Code. | ||
(b) The commissioners court of a county that makes a | ||
determination under Subsection (a) shall adopt and file with the | ||
county clerk a resolution specifying the reasons for its | ||
determination that there is no longer a need for a county housing | ||
authority. | ||
(c) On the filing of a resolution under Subsection (b): | ||
(1) all property, rights, contracts, agreements, and | ||
obligations of the housing authority vest in and revert to the | ||
ownership of the county; and | ||
(2) the county may: | ||
(A) enter into a cooperation agreement under | ||
Section 392.059 and Chapter 791, Government Code; or | ||
(B) merge with a municipal housing authority | ||
under Section 392.0131. | ||
(d) A person with rights or remedies against the county | ||
housing authority may assert, enforce, and prosecute those rights | ||
or remedies against the county or against the municipal housing | ||
authority in the event of a cooperation agreement pursuant to | ||
Section 392.059 and Chapter 791, Government Code, or a merger | ||
pursuant to Section 392.0131. | ||
(e) A resolution filed under Subsection (b) is conclusive | ||
evidence that the county housing authority is no longer authorized | ||
to transact business or exercise its powers. | ||
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) A housing authority for a county described by Subsection | ||
(a)(1) may merge into a housing authority for a municipality that is | ||
described by Subsection (a)(2) and located in that county if the | ||
merger is approved by the federal government and by a regular | ||
majority of: | ||
(1) the commissioners of each housing authority; or | ||
(2) the commissioners court of the county, pursuant to | ||
a resolution made under Section 392.0121(b), and a regular majority | ||
of the commissioners of the municipal housing authority. | ||
(c) A merger under this section must include a county | ||
housing authority's transfer of the following to the municipal | ||
housing authority: | ||
(1) public housing properties; | ||
(2) housing choice voucher and project-based voucher | ||
programs; and | ||
(3) the annual contributions contract with the federal | ||
government. | ||
(d) A transfer under Subsection (c) must be accomplished in | ||
accordance with applicable federal requirements and with state law | ||
or by interlocal cooperative agreement. | ||
(e) On the date housing authorities are merged in the manner | ||
provided by this section: | ||
(1) the county housing authority ceases to exist, | ||
except for the purpose of winding up the affairs of the authority | ||
and executing deeds of real property to the municipal housing | ||
authority; | ||
(2) the officers and employees of the municipal | ||
housing authority serve as the officers and employees responsible | ||
for the merged authority; and | ||
(3) the municipal housing authority is responsible for | ||
all assets and liabilities of the merged authority. | ||
Sec. 392.0161. AREA OF OPERATION OF 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. Subsections (a) and (c), Section 392.063, 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. |