Texas 2013 - 83rd Regular

Texas Senate Bill SB1262 Compare Versions

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1	1	By: Rodriguez S.B. No. 1262
2	2	(In the Senate - Filed March 6, 2013; March 13, 2013, read
3	3	first time and referred to Committee on Intergovernmental
4	4	Relations; April 22, 2013, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 5, Nays 0;
6	6	April 22, 2013, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 1262 By: Garcia
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the housing authorities in certain municipalities and
13	13	counties.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subchapter B, Chapter 392, Local Government
16	16	Code, is amended by adding Sections 392.0121, 392.0131, and
17	17	392.0161 to read as follows:
18	18	Sec. 392.0121. DISSOLUTION OF COUNTY HOUSING AUTHORITY.
19	19	(a) The commissioners court of a county described by Section
20	20	392.0131(a)(1) may determine on its own motion that there is no
21	21	longer a need for a county housing authority because the conditions
22	22	described by Section 392.012(f):
23	23	(1) no longer exist; or
24	24	(2) may be better and more efficiently addressed by:
25	25	(A) a merger pursuant to Section 392.0131; or
26	26	(B) a cooperation agreement entered into by the
27	27	county and a housing authority pursuant to Section 392.059 and
28	28	Chapter 791, Government Code.
29	29	(b) The commissioners court of a county that makes a
30	30	determination under Subsection (a) shall adopt and file with the
31	31	county clerk a resolution specifying the reasons for its
32	32	determination that there is no longer a need for a county housing
33	33	authority.
34	34	(c) On the filing of a resolution under Subsection (b):
35	35	(1) all property, rights, contracts, agreements, and
36	36	obligations of the housing authority vest in and revert to the
37	37	ownership of the county; and
38	38	(2) the county may:
39	39	(A) enter into a cooperation agreement under
40	40	Section 392.059 and Chapter 791, Government Code; or
41	41	(B) merge with a municipal housing authority
42	42	under Section 392.0131.
43	43	(d) A person with rights or remedies against the county
44	44	housing authority may assert, enforce, and prosecute those rights
45	45	or remedies against the county or against the municipal housing
46	46	authority in the event of a cooperation agreement pursuant to
47	47	Section 392.059 and Chapter 791, Government Code, or a merger
48	48	pursuant to Section 392.0131.
49	49	(e) A resolution filed under Subsection (b) is conclusive
50	50	evidence that the county housing authority is no longer authorized
51	51	to transact business or exercise its powers.
52	52	Sec. 392.0131. MERGER OF CERTAIN COUNTY HOUSING AUTHORITIES
53	53	INTO MUNICIPAL HOUSING AUTHORITIES. (a) This section applies only
54	54	to the merger of housing authorities operating in:
55	55	(1) a county that has a population of 800,000 or more
56	56	and is located on the international border; and
57	57	(2) a municipality that has a population of more than
58	58	600,000 and less than 700,000 and is located in a county described
59	59	by Subdivision (1).
60	60	(b) A housing authority for a county described by Subsection
61	61	(a)(1) may merge into a housing authority for a municipality that is
62	62	described by Subsection (a)(2) and located in that county if the
63	63	merger is approved by the federal government and by a regular
64	64	majority of:
65	65	(1) the commissioners of each housing authority; or
66	66	(2) the commissioners court of the county, pursuant to
67	67	a resolution made under Section 392.0121(b), and a regular majority
68	68	of the commissioners of the municipal housing authority.
69	69	(c) A merger under this section must include a county
70	70	housing authority's transfer of the following to the municipal
71	71	housing authority:
72	72	(1) public housing properties;
73	73	(2) housing choice voucher and project-based voucher
74	74	programs; and
75	75	(3) the annual contributions contract with the federal
76	76	government.
77	77	(d) A transfer under Subsection (c) must be accomplished in
78	78	accordance with applicable federal requirements and with state law
79	79	or by interlocal cooperative agreement.
80	80	(e) On the date housing authorities are merged in the manner
81	81	provided by this section:
82	82	(1) the county housing authority ceases to exist,
83	83	except for the purpose of winding up the affairs of the authority
84	84	and executing deeds of real property to the municipal housing
85	85	authority;
86	86	(2) the officers and employees of the municipal
87	87	housing authority serve as the officers and employees responsible
88	88	for the merged authority; and
89	89	(3) the municipal housing authority is responsible for
90	90	all assets and liabilities of the merged authority.
91	91	Sec. 392.0161. AREA OF OPERATION OF MERGED HOUSING
92	92	AUTHORITY. Notwithstanding Section 392.017(b), the area of
93	93	operation of a merged housing authority is the county in which the
94	94	authority is created, excluding any part of the county that is
95	95	within the territorial boundaries of a municipality other than the
96	96	municipality operating the municipal housing authority into which
97	97	the county housing authority was merged.
98	98	SECTION 2. Section 392.019, Local Government Code, is
99	99	amended to read as follows:
100	100	Sec. 392.019. EFFECT OF COOPERATION AGREEMENT ON AREA OF
101	101	OPERATION OF HOUSING AUTHORITY. Regardless of Sections 392.015,
102	102	[and] 392.016, and 392.0161, the area of operation of a municipal
103	103	housing authority, a county housing authority, [or] a regional
104	104	housing authority, or a merged housing authority may extend to and
105	105	include another municipality, county, or other political
106	106	subdivision of this state, under the terms of a cooperation
107	107	agreement made under Section 392.059.
108	108	SECTION 3. Subsections (a) and (c), Section 392.063, Local
109	109	Government Code, are amended to read as follows:
110	110	(a) A county, [or] regional, or merged housing authority may
111	111	borrow money, accept grants, and exercise its powers to provide
112	112	housing for farmers of low income.
113	113	(c) The owner of a farm operated, or worked on, by farmers of
114	114	low income in need of safe and sanitary housing may file an
115	115	application with a county, [or] regional, or merged housing
116	116	authority requesting that the authority provide safe and sanitary
117	117	housing for the farmers. The housing authority shall consider the
118	118	applications in connection with the formulation of projects or
119	119	programs to provide housing for farmers of low income.
120	120	SECTION 4. This Act takes effect immediately if it receives
121	121	a vote of two-thirds of all the members elected to each house, as
122	122	provided by Section 39, Article III, Texas Constitution. If this
123	123	Act does not receive the vote necessary for immediate effect, this
124	124	Act takes effect September 1, 2013.
125	125	* * * * *