Honorable R. L. Lattlmore Opinion BO. c-760 

Criminal District Attorney 

Hidalgo County Courthouse Rs: Whether or not the 

Edinburg, Texas approval of the Commissioners’ Court Is 

necessary before the 

Housing Authority of 

Hidalgo County may sell 

surplus real estate 

owned by the Authority, 

Dear Sir: and related question. 

You have requested an opinion of this office on the 

following questions: 

“1; 

“2 . 

If the subject property is declared 

surplus by the Rousing Authority, 

does it revert to HidalgO CQunty 

which may then sell it in accordance with the provisions set out 

in Article 1577, V.A.C.S.4 

Should it be determined that the 

property does not revert to Hidalgo 

County,’ since the Housing Authority 

o$’ Ridalgo ‘County, Texas, is a division of Hidalgo County existing only 

with the consent of the county, what 

procedure should be followed in the 

sale of the property described above?” 

The property described in your opinion request is 

real property, deeded, by quit claim without warranty,~ to the 

Housing Authority of the County of Hidalgo by the Public 

Housing Administration. No reverter clauses were inserted 

in said deed. 

Seation 230 of Article 1269k, Vernon’s.Civi.1 Statutes, 

provides as follower ,i ‘~, 

“In each county of the State there is hereby created a public body corporate and politic 

to be known as the ‘Housin Authority! of the 

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Honorable R. L. Lattimore, page 2 (c-760) 

county; provided, however, that such housing 

authority shall not transact any business or 

exercise its powers hereunder until or unless 

the Commissioners Court of such county, by proper 

resolution shall declare at any time hereafter that 

there is need for a housing authority to function 

in such county, which declaration shall be made by 

such Commissioners Court for such county in the same 

manner and subject to the same conditions as the 

declaration of the governing body of a city required 

by Section 4 of the Housing Authorities Law for the 

purpose of authorizing a housing authority created 

for a city to transact business and exercise its 

powers (except that the petition referred to in said 

Section 4 shall be signed by one hundred qualified 

voters and residents of such county). 

"The commissioners of a housing authority 

created for a county may be appointed and removed 

by the Commissioners Court of the county in the 

same manner as the commissioners of a housing 

authority created for a city may be appointed 

and removed by the Mayor, and except as otherwise 

provided herein, each housing authority created 

for a county and the commissioners thereof, within the area of operation of such housing authority 

as hereinafter defined, shall have the same functions, rights , powers, duties; immunities, privileges, and limitations provided for housing authorities created for cities and the commissioners of 

such housing authorities, in the same manner as 

though all the provisions of law applicable to 

housing authorities created for cities were applicable to housing authorities created for counties; provided, that for such purposes the term 

‘Mayort or 'governing body' as used in the Housing 

Authorities Law shall be construed as meaning 

'Commissioners Court', and the term 'city' as 

used therein shall be construed as meaning 'county' 

unless a different meaning clearly appears from 

the context; and provided further that a housing 

authority created for a county shall not be subject to the limitations provided in clause,(c) of 

Section 10 of the Housing Authorities Law with respect to housing projects for farmers of low income. 

"The area of operation of a housing authority 

created for a county shall include all of the 

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. 
Honorable R. L. Lattimore, page 4 (c-760) 

state.' 

The court in Townsend v. The Housing Authority of 

City of Dallas, 277 S.W.2d 211 (Tex.Civ.App., 1954, error 

ref. n.r.e.) upheld the Housing Authority's right to sell 

land previously purchased under general warranty deed without 

restriction, when subsequently the Housing Authority determined that the land, so acquired was excess land and no 

longer required for the housing project for which it was 

originally purchased. A similiar result was reached in 

Vilbig v. Housing Authority of Dallas, 287 S.W.2d 323 (Tex. 

Civ.App. 1996 error ref. n.r.e.). In both of the above 

cases, it was the Housing Authority, not the City of Dallas, 

which disposed of the excess land. 

In Miers v. Housing Authority of Dallas, 266 S.W.2d 

487 (Tex.Civ.App., 1954 fi d questions on other points, 

266 S.W.2d 842, 153 Tex!'2$?&$), it was held: 

11 

politic. 

Appellee is a body corporate and 

' iousing Authority of City of Dallas 

v. Higginbotham 135 Tex. 158, 143 S.W.2d,79 

Syl. 15, page 88, 130 A.L.R. 1053. It is a 

division of the City of Dallas and exists only 

with the consent of the City of Dallas. Consequently it did not have to deposit twice 

the amount of the award, or make bond." 

Likewise, in Aetna Casualty and Surety Company v. 

Glidden co., 283 S.W.2d 440 (Tex.Civ.App., 1955); reversed 

on other grounds), 291 S.W.2d 315, (Tex.Sup. 1956)! Ftwas 

held that the Housing Authority of the City of Borger was 

a division of the city. The court considered the Housing 

Authority an agent of the City of Borger. Consequently, the 

Housing Authority came within the terms of Article 5160, 

Vernon's Civil Statutes, since the "words 'any municipality' 

as used in said statute included Housing Authorities created 

under Article 1269k." 

A prior opinion of this office, No. O-6339 (1945), 

held that vehicles operated by Housing Authorities of Texas 

Cities were not eligible to receive exempt license plates 

under Article 6675a-3, Vernon's Civil Statutes. The above 

statute exempted vehicles used exclusively by the U.S. Government, the State of Texas, counties, cities, or school districts. In light of the holding that a housing authority is 

a division of a city or county as the case may be, we hereby 

overrule Opinion NO. O-6339. 

It is well estab1i~;;~Oi.n Texas that a special 
. I 

Honorable R. L. Lattimore, page 3 (c-760) 

county in which it is created except that portion 

of the county which lies within the territorial 

boundaries of any city." 

Consequently, case rulingsaffecting city housing 

authorities must also be.-applied to county housing authorities, 

as well as the prior sections of Article 1269k. 

Section 8 of Article 1269k provides in part: 

"An authority shall constitute a public body 

corporate and politic, exercising public and 

essential governmental functions, and having all 

the powers necessary or convenient to carry out 

and effectuate the purposes and provisions of this 

Act, including the following powers in addition 

to othersherein granted: 

11 . . . 

"(d) To lease or rent any dwellings, houses, 

accommodations, lands, buildings, structures, or 

facilities embraced in any housing project and 

(subject to the limitations contained in this Act) 

to establish and revise the rents or charges therefor; to own, hold, and improve real or personal 

property; to purchase, lease, obtain options upon, 

acquire by gift, grant, bequest, devise, or otherwise any real or personal property or any interest 

therein; to acquire by the exercise of the power 

of eminent domain any real property; to sell, lease, 

exchange, transfer, assign, pledge, or disposes of 

any real or personal property or any interest therein to insure or provide for the insurance of any 

real or personal property or operations of the 

authority against any risks or hazards; to procure 

insurance or guarantees from the Federal Government of the payment of any debts or parts thereof 

(whether or not incurred by said authority) secured by mortgages on any property included in 

any of its housing projects. 

11 . . . 

"(h) To exercise all or any part or combination of powers herein granted. No provisions of law with respect to the acquisition, 

operation, or disposition of property by other 

public bodies shall be applicable to an authority 

unless the Legislature shall specifically so 

-3hSY.- 
Honorable R. L. Lattimore, page 5 (c-760) 

statute will control over a general statute on the same subject. Harris County Drainage Dist. No. 12 vs. City of Houston, 

35 S.W.-2d 18 C A 

pendent Sc~ool'D?~ri%"2$ k.6. 751 

3 )* Frass vs. D arrouzett Inde- 

[ Tex.Civ.App., 1925, 

error dism.). In the l:tter case, the court held the provisions of a special act allowing the School District to levy 

and collect a tax would control over a general statute which 

allowed the county to act as the taxing authority. In the 

present instance, Article 1269k is a special statute granting 

various enumerated powers to the housing authority and is controlling to that extent. 

After a thorough study of Article 1269k and the 

above cited cases, it is the opinion of this office that the 

Housing Authority of Hidalgo County may by resolution of its 

Commissioners declare such property excess property. Such 

property will not revert to Hidalgo County. Furthermore, the 

Legislature specifically granted the Housing Authority the 

right to sell property which it has acquired and such right 

may not be impaired or restricted by the Commissioners Court 

of Hidalgo County. However, since the Housing Authority of 

Hidalgo County is a division of Hidalgo County and since 

Article 1269k does not provide a procedure for the sale of 

excess property, it is the further opinion of this office 

that the excess property must be sold in accordance with 

Article 1577, Vernon's Civil Statutes, insofar as that statute relates to public auction, notice and conveyance, and 

appointment of the commissioner by the Commissioners Court. 

Just as the Housing Authorities may receive the benefit of 

statutes applying to cities and counties, so they must comply with the statutes applying to cities and counties where 

such statutes do not conflict with the powers granted to 

them in Article 1269k. 

------- SUMMARY 

The commissioners of the Housing Authority 

of Hidalgo County may declare the subject property excess by resolution and sell said property 

in accordance with the terms of Article 1577, 

Vernon's Civil Statutes, insofar as the terms 

of Article 1577 do not conflict width the powers 

granted the Housing Authority in Article 1269k, 

Vernon's Civil Statutes. The property will not 

revert to Hidalgo County, and the Commissioners 

Court of Hidalgo County may not exercise any 

control over the disposition of the property. 

In view of the decisions of the Courts of 

-3661- 
-,. . 

Honorable R. L. Lattimore, page 6 (c-760) 

Civil Appeals holding that a Housing Authority 

is a division of the city, Attorney General's 

Opinion No. 0-6339 is hereby overruled. 

Very truly yours, 

WAGGONER CARR 

Attorney General of Texas 

By: 

Wade Anderson 

Assistant Attorney General 

WA:mh 

APPROVED) 

OPINION COMMITTBE 

W. V. Geppert, Chairman 

James McCoy 

John Reeves 

W. E. Allen 

Linward Shivers 

APPROVEDFOR THRATTORNEXGRRERAL 

By: T. B. Wright 

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