1 | 1 | | By: Miles H.B. No. 3869 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to the appointment of commissioners of public housing |
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7 | 7 | | authorities. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 392.031(b), Local Government Code, is |
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10 | 10 | | amended to read as follows: |
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11 | 11 | | (b) A commissioner may not be an officer or employee of the |
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12 | 12 | | municipality. A commissioner may be a tenant of a public project |
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13 | 13 | | over which the housing authority has jurisdiction or a person who is |
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14 | 14 | | directly assisted by a housing authority through its housing choice |
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15 | 15 | | voucher program. |
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16 | 16 | | SECTION 2. Section 392.0331(b), Local Government Code, is |
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17 | 17 | | amended to read as follows: |
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18 | 18 | | (b) Except as provided by Subsection (b-1), in appointing |
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19 | 19 | | commissioners under Section 392.031, a municipality with a |
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20 | 20 | | municipal housing authority composed of five commissioners shall |
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21 | 21 | | appoint at least one commissioner to the authority who is a tenant |
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22 | 22 | | of a public housing project over which the authority has |
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23 | 23 | | jurisdiction. In appointing commissioners under Section 392.031, a |
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24 | 24 | | municipality with a with a municipal housing authority composed of |
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25 | 25 | | seven or more commissioners shall appoint at least two |
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26 | 26 | | commissioners to the authority who are tenants of a public housing |
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27 | 27 | | project over which the authority has jurisdiction. In appointing |
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28 | 28 | | commissioners under Section 392.031, a municipality with a |
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29 | 29 | | population over 2,000,000 with a municipal housing authority |
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30 | 30 | | composed of seven or more commissioners shall appoint at least two |
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31 | 31 | | commissioners to the authority who are directly assisted by the |
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32 | 32 | | housing authority, either as tenants of a public housing project |
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33 | 33 | | over which the authority has jurisdiction or as recipients of |
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34 | 34 | | housing assistance through the authority's housing choice voucher |
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35 | 35 | | program. |
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36 | 36 | | SECTION 4. Section 392.0331(g), Local Government Code, is |
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37 | 37 | | amended to read as follows: |
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38 | 38 | | (g) A commissioner appointed under this section may not |
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39 | 39 | | participate: |
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40 | 40 | | (1) in any vote or discussion concerning the |
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41 | 41 | | termination of the commissioner's occupancy rights in public |
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42 | 42 | | housing or of the commissioner's rights to housing assistance from |
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43 | 43 | | a housing choice voucher program or the rights of any person related |
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44 | 44 | | to the first degree of consanguinity to the commissioner with |
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45 | 45 | | respect to such person's occupancy rights in public housing or |
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46 | 46 | | right to receive housing assistance from a housing choice voucher |
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47 | 47 | | program; or |
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48 | 48 | | (2) in a grievance or administrative hearing in which |
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49 | 49 | | the commissioner or a person related in the first degree of |
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50 | 50 | | consanguinity to the commissioner is a party. |
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51 | 51 | | SECTION 5. Section 392.0331(h), Local Government Code, is |
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52 | 52 | | amended to read as follows: |
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53 | 53 | | (h) If a commissioner appointed under this section as a |
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54 | 54 | | tenant of a public housing project ceases to reside in a housing |
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55 | 55 | | unit operated by the public housing authority during the |
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56 | 56 | | commissioner's term, a majority of the other commissioners shall |
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57 | 57 | | decide whether to request that a new commissioner be appointed. A |
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58 | 58 | | majority of the commissioners may decide to allow the commissioner |
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59 | 59 | | to serve the remaining portion of the commissioner's term. If a |
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60 | 60 | | commissioner appointed under this section as a person receiving |
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61 | 61 | | direct housing assistance from a housing choice voucher program |
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62 | 62 | | ceases to receive such assistance, a majority of the other |
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63 | 63 | | commissioners shall decide whether to request that a new |
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64 | 64 | | commissioner be appointed. A majority of the commissioners may |
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65 | 65 | | decide to allow the commissioner to serve the remaining portion of |
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66 | 66 | | the commissioner's term. |
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