Honorable Oscar B. McInnis Opinion No. M- 925 

Criminal District Attorney 

Hidalgo County Courthouse Re: Questions relating to 

Edinburg, Texas 78539 transfer of real property 

by Hidalgo County Housing 

Authority under Article 

Dear Sir: 1269k, V.C.S. 

You have requested the opinion of this office concerning 

the authority of the Hidalgo County Housing Authority to transfer 

real property to a non-profit corporation. 

We quote from your letter requesting the opinion as follows: 

"At sometime in the past under authority 

of Article 1269k, V.C.S., there was established 

in Hidalgo County the Hidalgo County Housing 

Authority. This Housing Authority administers 

two (2) housing projects in,this cbunty--one 

located at McAllen and the other at Weslaco. 

"It has been suggested to the Commissioners' 

Court that Hidalgo County enter into an agreement with Cameron County,to form a Regional 

Housing Authority." 

In your letter request you then ask if the Hidalgo County 

Housing Authority can legally declare all its property excess, 

transfer it to a non-profit organization , without consideration, 

said non-profit organization having a provision in its Charter 

to the effect that if it sells the property and dissolves, the 

assets would revert to Hidalgo County, then the non-profit 

organization sell the property to the Regional Housing Authority, 

dissolve and turn the proceeds of the sale over to Hidalgo County. 

Your question must be answered in the negative for the 

following reasons: 

Article 1269k, Section 23b, sets out the method by which 

a regional housing authority may be created. That Article 

provides, in part, as follows: 

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Honorable Oscar B. McInnis, page 2 (M- 925) 

"If the Commissioners Court of each of two 

(2) or more contiguous counties by resolution 

declares that there is a need for one housing 

authority to be created for all of such counties 

to exercise powers and other functions herein 

prescribed for a housing authority in such counties, 

a public body corporate and politic to be known 

as a regional housing authority shall thereupon 

exist for all of such counties and exercise its 

powers and other functions in such counties; 

and thereupon each county housing authority 

created for each of such counties shall cease to 

exist except for the purpose of winding up its 

affairs and executing a deed to the regional 

housing authority as hereinafter provided;. . .'I 

The clear meaning of the statute leaves no doubt that if 

an existing housing authority plans to become part of a regional 

housing authority, then all the property owned by the county 

housing authority must be transferred to the regional housing 

authority in the manner set out in the statute. 

Also, in the event that the Housing Authority has certain 

properties which are no longer needed by the Housing Authority 

in carrying out its functions, then the Housing Authority may 

sell said property, and the proceeds from such sales would go 

to the Housing Authority and not revert to Hidalgo County. 

Attorney General's Opinion C-760 (1966). 

SUMMARY 

The Hidalgo County Housing Authority has no 

statutory authority to dispose of any property by 

transferring it without consideration to a nonprofit organization. 

4 

You& very truly, 

Prepared by Linward Shivers 

Assistant Attorney General 

ey General of Texas 

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Honorable Oscar B. McInnis, page 3 (M-925) 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

w. E. Allen, Co-Chairman 

Melvin Corley 

Austin Bray 

Howard Fender 

Wardlow Lane 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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