82R9755 JAM-F
By: Ellis, Gallegos S.B. No. 925
A BILL TO BE ENTITLED
AN ACT
relating to judicial review of a decision to terminate certain
federal housing assistance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 392.006, Local Government Code, is
amended to read as follows:
Sec. 392.006. UNIT OF GOVERNMENT; GOVERNMENTAL FUNCTIONS.
For all purposes, including the application of the Texas Tort
Claims Act (Chapter 101, Civil Practice and Remedies Code), a
housing authority is a unit of government and the functions of a
housing authority are essential governmental functions and not
proprietary functions. Provided, however, a housing authority
shall be subject to all landlord obligations and tenant remedies,
other than a suit for personal injuries, as set forth in any lease
or rental agreement and in Chapters 24, 54, 91, 92, and 301, [of
the] Property Code, and Section 392.105.
SECTION 2. Subchapter F, Chapter 392, Local Government
Code, is amended by adding Section 392.105 to read as follows:
Sec. 392.105. JUDICIAL REVIEW OF TERMINATION OF
TENANT-BASED ASSISTANCE. (a) In this section, "federal housing
tenant-based assistance program" means:
(1) the housing choice voucher program or the disaster
voucher program under Section 8, United States Housing Act of 1937
(42 U.S.C. Section 1437f); or
(2) the disaster housing assistance program under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. Section 5121 et seq.).
(b) Notwithstanding any other law, a participant in a
federal housing tenant-based assistance program whose tenant-based
assistance is terminated by a housing authority may seek judicial
review of the termination decision by filing suit in the state
district court or the statutory county court of the county in which
the participant resided through the use of that assistance.
(c) The filing of a petition for judicial review stays the
termination if suit is filed not later than the 30th day after the
date the termination decision by the housing authority becomes
final.
(d) Review of the decision is by trial de novo. The court
shall determine by a preponderance of the evidence whether the
termination of the participant's tenant-based assistance was
appropriate based on:
(1) state and federal law;
(2) regulations of the United States Department of
Housing and Urban Development;
(3) housing authority policies; and
(4) factual determinations relating to the
circumstances of the participant.
(e) The court may issue any temporary orders necessary to
preserve its jurisdiction and on final judgment may grant all
appropriate and necessary relief, including ordering retroactive
reinstatement of the tenant-based assistance.
SECTION 3. The change in law made by this Act applies only
to decisions to terminate tenant-based assistance that occur on or
after the effective date of this Act. Termination decisions that
occur before the effective date of this Act are governed by the law
in effect when the termination decisions occurred, and the former
law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2011.