| 1 | 1 | | 85R4842 JG-F |
|---|
| 2 | 2 | | By: Moody H.B. No. 1277 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the governance of certain housing authorities. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Section 392.031(b), Local Government Code, is |
|---|
| 10 | 10 | | amended to read as follows: |
|---|
| 11 | 11 | | (b) A commissioner may not be an officer or employee of the |
|---|
| 12 | 12 | | municipality. A commissioner may be: |
|---|
| 13 | 13 | | (1) a tenant of a public project over which the housing |
|---|
| 14 | 14 | | authority has jurisdiction; or |
|---|
| 15 | 15 | | (2) a [person who is a] recipient of housing |
|---|
| 16 | 16 | | assistance administered through the authority's housing choice |
|---|
| 17 | 17 | | voucher program or project-based rental assistance program. |
|---|
| 18 | 18 | | SECTION 2. Section 392.0331, Local Government Code, is |
|---|
| 19 | 19 | | amended by amending Subsections (b), (b-2), (g), and (h-1) and |
|---|
| 20 | 20 | | adding Subsection (b-3) to read as follows: |
|---|
| 21 | 21 | | (b) Except as provided by Subsections [Subsection] (b-1) |
|---|
| 22 | 22 | | and (b-2), in appointing commissioners under Section 392.031, a |
|---|
| 23 | 23 | | municipality with a municipal housing authority composed of five |
|---|
| 24 | 24 | | commissioners shall appoint at least one commissioner to the |
|---|
| 25 | 25 | | authority who is a tenant of a public housing project over which the |
|---|
| 26 | 26 | | authority has jurisdiction. Except as provided by Subsection |
|---|
| 27 | 27 | | (b-3) [(b-2)], in appointing commissioners under Section 392.031, a |
|---|
| 28 | 28 | | municipality with a municipal housing authority composed of seven |
|---|
| 29 | 29 | | or more commissioners shall appoint at least two commissioners to |
|---|
| 30 | 30 | | the authority who are tenants of a public housing project over which |
|---|
| 31 | 31 | | the authority has jurisdiction. |
|---|
| 32 | 32 | | (b-2) This subsection applies only to a municipality that |
|---|
| 33 | 33 | | has a population over 600,000 and is located adjacent to the |
|---|
| 34 | 34 | | international border of this state. In appointing commissioners |
|---|
| 35 | 35 | | under Section 392.031, a municipality described by this subsection |
|---|
| 36 | 36 | | that has a municipal housing authority composed of five |
|---|
| 37 | 37 | | commissioners shall appoint at least one commissioner to the |
|---|
| 38 | 38 | | authority who is: |
|---|
| 39 | 39 | | (1) a tenant of a public housing project over which the |
|---|
| 40 | 40 | | authority has jurisdiction; or |
|---|
| 41 | 41 | | (2) a recipient of housing assistance administered |
|---|
| 42 | 42 | | through the authority's housing choice voucher program or |
|---|
| 43 | 43 | | project-based rental assistance program. |
|---|
| 44 | 44 | | (b-3) In appointing commissioners under Section 392.031, a |
|---|
| 45 | 45 | | municipality that has a population over two million and a municipal |
|---|
| 46 | 46 | | housing authority composed of seven or more commissioners shall |
|---|
| 47 | 47 | | appoint at least two commissioners to the authority who are: |
|---|
| 48 | 48 | | (1) tenants of a public housing project over which the |
|---|
| 49 | 49 | | authority has jurisdiction; or |
|---|
| 50 | 50 | | (2) recipients of housing assistance administered |
|---|
| 51 | 51 | | through the authority's housing choice voucher program. |
|---|
| 52 | 52 | | (g) A commissioner appointed under this section may not |
|---|
| 53 | 53 | | participate: |
|---|
| 54 | 54 | | (1) in any vote or discussion concerning the |
|---|
| 55 | 55 | | termination of: |
|---|
| 56 | 56 | | (A) the commissioner's occupancy rights in |
|---|
| 57 | 57 | | public housing; |
|---|
| 58 | 58 | | (B) the commissioner's rights to housing |
|---|
| 59 | 59 | | assistance administered through a housing choice voucher program or |
|---|
| 60 | 60 | | a project-based rental assistance program; or |
|---|
| 61 | 61 | | (C) the rights of any person related in the first |
|---|
| 62 | 62 | | degree by consanguinity to the commissioner with respect to the |
|---|
| 63 | 63 | | person's occupancy rights in public housing or right to receive |
|---|
| 64 | 64 | | housing assistance administered through a housing choice voucher |
|---|
| 65 | 65 | | program or a project-based rental assistance program; or |
|---|
| 66 | 66 | | (2) in a grievance or administrative hearing in which |
|---|
| 67 | 67 | | the commissioner or a person related in the first degree by |
|---|
| 68 | 68 | | consanguinity to the commissioner is a party. |
|---|
| 69 | 69 | | (h-1) If a commissioner appointed under this section as a |
|---|
| 70 | 70 | | recipient of housing assistance administered through the |
|---|
| 71 | 71 | | authority's housing choice voucher program or project-based rental |
|---|
| 72 | 72 | | assistance program ceases to receive that assistance, a majority of |
|---|
| 73 | 73 | | the other commissioners shall decide whether to request that a new |
|---|
| 74 | 74 | | commissioner be appointed. A majority of the commissioners may |
|---|
| 75 | 75 | | decide to allow the commissioner to serve the remaining portion of |
|---|
| 76 | 76 | | the commissioner's term. |
|---|
| 77 | 77 | | SECTION 3. This Act takes effect September 1, 2017. |
|---|