By: Miles H.B. No. 3869
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of commissioners of public housing
authorities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 392.031(b), Local Government Code, is
amended to read as follows:
(b) A commissioner may not be an officer or employee of the
municipality. A commissioner may be a tenant of a public project
over which the housing authority has jurisdiction or a person who is
directly assisted by a housing authority through its housing choice
voucher program.
SECTION 2. Section 392.0331(b), Local Government Code, is
amended to read as follows:
(b) Except as provided by Subsection (b-1), in appointing
commissioners under Section 392.031, a municipality with a
municipal housing authority composed of five commissioners shall
appoint at least one commissioner to the authority who is a tenant
of a public housing project over which the authority has
jurisdiction. In appointing commissioners under Section 392.031, a
municipality with a with a municipal housing authority composed of
seven or more commissioners shall appoint at least two
commissioners to the authority who are tenants of a public housing
project over which the authority has jurisdiction. In appointing
commissioners under Section 392.031, a municipality with a
population over 2,000,000 with a municipal housing authority
composed of seven or more commissioners shall appoint at least two
commissioners to the authority who are directly assisted by the
housing authority, either as tenants of a public housing project
over which the authority has jurisdiction or as recipients of
housing assistance through the authority's housing choice voucher
program.
SECTION 4. Section 392.0331(g), Local Government Code, is
amended to read as follows:
(g) A commissioner appointed under this section may not
participate:
(1) in any vote or discussion concerning the
termination of the commissioner's occupancy rights in public
housing or of the commissioner's rights to housing assistance from
a housing choice voucher program or the rights of any person related
to the first degree of consanguinity to the commissioner with
respect to such person's occupancy rights in public housing or
right to receive housing assistance from a housing choice voucher
program; or
(2) in a grievance or administrative hearing in which
the commissioner or a person related in the first degree of
consanguinity to the commissioner is a party.
SECTION 5. Section 392.0331(h), Local Government Code, is
amended to read as follows:
(h) If a commissioner appointed under this section as a
tenant of a public housing project ceases to reside in a housing
unit operated by the public housing authority during the
commissioner's term, a majority of the other commissioners shall
decide whether to request that a new commissioner be appointed. A
majority of the commissioners may decide to allow the commissioner
to serve the remaining portion of the commissioner's term. If a
commissioner appointed under this section as a person receiving
direct housing assistance from a housing choice voucher program
ceases to receive such assistance, a majority of the other
commissioners shall decide whether to request that a new
commissioner be appointed. A majority of the commissioners may
decide to allow the commissioner to serve the remaining portion of
the commissioner's term.