85R24417 JAM-D
By: VanDeaver H.B. No. 1239
Substitute the following for H.B. No. 1239:
By: Alvarado C.S.H.B. No. 1239
A BILL TO BE ENTITLED
AN ACT
relating to the governance of public housing authorities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 392.031, Local Government Code, is
amended by adding Subsection (b-1) to read as follows:
(b-1) A commissioner of the authority must reside in:
(1) the area over which the authority has
jurisdiction; or
(2) an area outside the jurisdiction of the authority,
as determined by the municipality.
SECTION 2. Section 392.032(b), Local Government Code, is
amended to read as follows:
(b) A commissioner of the authority must reside in the area
over which the authority has jurisdiction [may not be an officer or
employee of the county].
SECTION 3. Section 392.033, Local Government Code, is
amended by adding Subsection (d-1) to read as follows:
(d-1) A commissioner of the authority who is appointed under
Subsection (a), (b), or (d) must reside in the county the
commissioner is appointed to represent. An additional commissioner
who is appointed under Subsection (c) may reside in either county in
the authority.
SECTION 4. Section 392.0331, Local Government Code, is
amended by adding Subsection (c-1) to read as follows:
(c-1) The commissioners court of a county that has a county
housing authority in which the total number of households served by
the authority is 150 or fewer is not required to appoint a tenant to
the position of commissioner as otherwise required by Subsection
(c) if the commissioners court has provided timely notice of a
vacancy in the position to all eligible tenants and is unable to
fill the position with an eligible tenant before the 60th day after
the date the position becomes vacant.
SECTION 5. Section 392.038, Local Government Code, is
amended to read as follows:
Sec. 392.038. OTHER OFFICERS AND EMPLOYEES OF A MUNICIPAL
OR COUNTY HOUSING AUTHORITY. (a) A municipal or county housing
authority may:
(1) employ a secretary, who shall serve as executive
director;[,] and
(2) [may] employ technical experts and other officers
and[,] agents[, and employees, permanent or temporary,] the
authority considers necessary.
(b) The executive director [authority] shall:
(1) hire employees, permanent or temporary; and
(2) determine the qualifications, duties, and
compensation of those employees [the persons employed].
SECTION 6. Section 392.0331(a), Local Government Code, is
repealed.
SECTION 7. (a) The term of a housing authority commissioner
who is serving immediately before the effective date of this Act and
who becomes ineligible to hold that position because of the changes
in law made by this Act expires on the effective date of this Act.
(b) As soon as practicable after the effective date of this
Act, the appropriate appointing entity shall fill any vacancy in
the position of housing authority commissioner that occurs as
described by Subsection (a) of this section.
SECTION 8. This Act takes effect September 1, 2017.