By: Rodriguez S.B. No. 1262
(In the Senate - Filed March 6, 2013; March 13, 2013, read
first time and referred to Committee on Intergovernmental
Relations; April 22, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
April 22, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1262 By: Garcia
A BILL TO BE ENTITLED
AN ACT
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,
[and] 392.016, and 392.0161, the area of operation of a municipal
housing authority, a county housing authority, [or] a regional
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, [or] regional, or merged housing authority may
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, [or] regional, or merged housing
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.
* * * * *