Texas 2013 - 83rd Regular

Texas House Bill HB2975 Compare Versions

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1	1	By: N. Gonzalez of El Paso H.B. No. 2975
2	2	(Senate Sponsor - Rodriguez)
3	3	(In the Senate - Received from the House May 9, 2013;
4	4	May 9, 2013, read first time and referred to Committee on
5	5	Intergovernmental Relations; May 16, 2013, reported favorably by
6	6	the following vote: Yeas 5, Nays 0; May 16, 2013, sent to printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the merger of housing authorities in certain
12	12	municipalities and counties.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subchapter B, Chapter 392, Local Government
15	15	Code, is amended by adding Sections 392.0131 and 392.0161 to read as
16	16	follows:
17	17	Sec. 392.0131. MERGER OF CERTAIN COUNTY HOUSING AUTHORITIES
18	18	INTO MUNICIPAL HOUSING AUTHORITIES. (a) This section applies only
19	19	to the merger of housing authorities operating in:
20	20	(1) a county that has a population of 800,000 or more
21	21	and is located on the international border; and
22	22	(2) a municipality that has a population of more than
23	23	600,000 and less than 700,000 and is located in a county described
24	24	by Subdivision (1).
25	25	(b) If the commissioners court of a county described by
26	26	Subsection (a)(1) and the governing body of a municipality
27	27	described by Subsection (a)(2) declare by resolutions that there is
28	28	a need for the county housing authority to consolidate its powers
29	29	with the municipal housing authority under this chapter, the county
30	30	housing authority is merged into the housing authority for the
31	31	municipality.
32	32	(c) The commissioners court and the governing body of the
33	33	municipality may adopt a resolution declaring that there is a need
34	34	for a merger as described by Subsection (b) only if the
35	35	commissioners court and the governing body of the municipality each
36	36	find that a merged housing authority would be more efficient or
37	37	economical than separate county and municipal housing authorities
38	38	in carrying out the purposes of this chapter.
39	39	(d) If a county housing authority has outstanding
40	40	obligations, the commissioners court may not adopt a resolution
41	41	declaring a need for a merger as described by Subsection (b) unless:
42	42	(1) each obligee of the authority and each party to a
43	43	contract, bond, note, or other obligation of the authority agrees
44	44	to the substitution of the municipal housing authority on the
45	45	contract, bond, note, or other obligation; and
46	46	(2) the commissioners of the county housing authority
47	47	and of the municipal housing authority to be merged each adopt
48	48	resolutions consenting to the transfer of the rights, contracts,
49	49	agreements, obligations, and property of the county housing
50	50	authority to the municipal housing authority.
51	51	(e) In a proceeding involving the validity or enforcement
52	52	of, or relating to, a contract of a merged housing authority, proof
53	53	of a resolution adopted under Subsection (b) by the commissioners
54	54	court of the county and the governing body of the municipality is
55	55	conclusive evidence that the merged housing authority is authorized
56	56	to transact business and exercise its powers under this chapter.
57	57	(f) When housing authorities are merged in the manner
58	58	provided by this section:
59	59	(1) the rights, contracts, agreements, obligations,
60	60	and property of the county housing authority become those of the
61	61	municipal housing authority;
62	62	(2) the county housing authority shall execute deeds
63	63	of the property to the municipal housing authority, which shall
64	64	file the deeds with the county clerk of the county where the real
65	65	property is located; and
66	66	(3) a person with rights or remedies against the
67	67	county housing authority may assert, enforce, and prosecute those
68	68	rights or remedies against the municipal housing authority.
69	69	(g) The vesting of the real property in the municipal
70	70	housing authority is not contingent on compliance with Subsection
71	71	(f)(2).
72	72	(h) At the time housing authorities are merged in the manner
73	73	provided by this section, the county housing authority ceases to
74	74	exist, except for the purpose of winding up the affairs of the
75	75	authority and executing the deeds of real property to the municipal
76	76	housing authority.
77	77	Sec. 392.0161. AREA OF OPERATION OF A MERGED HOUSING
78	78	AUTHORITY. Notwithstanding Section 392.017(b), the area of
79	79	operation of a merged housing authority is the county in which the
80	80	authority is created, excluding any part of the county that is
81	81	within the territorial boundaries of a municipality other than the
82	82	municipality operating the municipal housing authority into which
83	83	the county housing authority was merged.
84	84	SECTION 2. Section 392.019, Local Government Code, is
85	85	amended to read as follows:
86	86	Sec. 392.019. EFFECT OF COOPERATION AGREEMENT ON AREA OF
87	87	OPERATION OF HOUSING AUTHORITY. Regardless of Sections 392.015,
88	88	[and] 392.016, and 392.0161, the area of operation of a municipal
89	89	housing authority, a county housing authority, [or] a regional
90	90	housing authority, or a merged housing authority may extend to and
91	91	include another municipality, county, or other political
92	92	subdivision of this state, under the terms of a cooperation
93	93	agreement made under Section 392.059.
94	94	SECTION 3. Sections 392.063(a) and (c), Local Government
95	95	Code, are amended to read as follows:
96	96	(a) A county, [or] regional, or merged housing authority may
97	97	borrow money, accept grants, and exercise its powers to provide
98	98	housing for farmers of low income.
99	99	(c) The owner of a farm operated, or worked on, by farmers of
100	100	low income in need of safe and sanitary housing may file an
101	101	application with a county, [or] regional, or merged housing
102	102	authority requesting that the authority provide safe and sanitary
103	103	housing for the farmers. The housing authority shall consider the
104	104	applications in connection with the formulation of projects or
105	105	programs to provide housing for farmers of low income.
106	106	SECTION 4. This Act takes effect immediately if it receives
107	107	a vote of two-thirds of all the members elected to each house, as
108	108	provided by Section 39, Article III, Texas Constitution. If this
109	109	Act does not receive the vote necessary for immediate effect, this
110	110	Act takes effect September 1, 2013.
111	111	* * * * *