| 1 | 1 | | 81R4625 JAM-F |
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| 2 | 2 | | By: Thompson H.B. No. 1931 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to judicial review of a decision to terminate certain |
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| 8 | 8 | | federal housing assistance. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter F, Chapter 392, Local Government |
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| 11 | 11 | | Code, is amended by adding Section 392.105 to read as follows: |
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| 12 | 12 | | Sec. 392.105. JUDICIAL REVIEW OF TERMINATION OF |
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| 13 | 13 | | TENANT-BASED ASSISTANCE. (a) Notwithstanding any other law, a |
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| 14 | 14 | | participant in the housing choice voucher program under Section 8, |
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| 15 | 15 | | United States Housing Act of 1937 (42 U.S.C. Section 1437f), whose |
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| 16 | 16 | | tenant-based assistance is terminated by a housing authority may |
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| 17 | 17 | | seek judicial review of the termination decision by filing suit in |
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| 18 | 18 | | the state district court or the statutory county court of the county |
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| 19 | 19 | | in which the participant resided through the use of that |
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| 20 | 20 | | assistance. |
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| 21 | 21 | | (b) The filing of a petition for judicial review stays the |
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| 22 | 22 | | termination if suit is filed not later than the 30th day after the |
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| 23 | 23 | | date the termination decision by the housing authority becomes |
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| 24 | 24 | | final. |
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| 25 | 25 | | (c) Review of the decision is by trial de novo. The court |
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| 26 | 26 | | shall determine by a preponderance of the evidence whether the |
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| 27 | 27 | | termination of the participant's tenant-based assistance was |
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| 28 | 28 | | appropriate based on: |
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| 29 | 29 | | (1) state and federal law; |
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| 30 | 30 | | (2) regulations of the United States Department of |
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| 31 | 31 | | Housing and Urban Development; |
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| 32 | 32 | | (3) housing authority policies; and |
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| 33 | 33 | | (4) factual determinations relating to the |
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| 34 | 34 | | circumstances of the participant. |
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| 35 | 35 | | (d) The court may issue any temporary orders necessary to |
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| 36 | 36 | | preserve its jurisdiction and on final judgment may grant all |
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| 37 | 37 | | appropriate and necessary relief. |
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| 38 | 38 | | SECTION 2. Section 392.006, Local Government Code, is |
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| 39 | 39 | | amended to read as follows: |
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| 40 | 40 | | Sec. 392.006. UNIT OF GOVERNMENT; GOVERNMENTAL FUNCTIONS. |
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| 41 | 41 | | For all purposes, including the application of the Texas Tort |
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| 42 | 42 | | Claims Act (Chapter 101, Civil Practice and Remedies Code), a |
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| 43 | 43 | | housing authority is a unit of government and the functions of a |
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| 44 | 44 | | housing authority are essential governmental functions and not |
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| 45 | 45 | | proprietary functions. Provided, however, a housing authority |
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| 46 | 46 | | shall be subject to all landlord obligations and tenant remedies, |
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| 47 | 47 | | other than a suit for personal injuries, as set forth in any lease |
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| 48 | 48 | | or rental agreement and in Chapters 24, 54, 91, 92, and 301, [of |
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| 49 | 49 | | the] Property Code, and Section 392.105. |
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| 50 | 50 | | SECTION 3. The change in law made by this Act applies only |
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| 51 | 51 | | to decisions to terminate tenant-based assistance that occur on or |
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| 52 | 52 | | after the effective date of this Act. Termination decisions that |
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| 53 | 53 | | occur before the effective date of this Act are governed by the law |
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| 54 | 54 | | in effect when the termination decisions occurred, and the former |
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| 55 | 55 | | law is continued in effect for that purpose. |
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| 56 | 56 | | SECTION 4. This Act takes effect September 1, 2009. |
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