reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 391 - Regional Planning Commissions › Section 391.003. Creation

Sec. 391.003.  CREATION.  (a)  Any combination of counties or municipalities or of counties and municipalities may agree, by ordinance, resolution, rule, order, or other means, to establish a commission.
(b)  The agreement must designate a region for the commission that:
(1)  consists of territory under the jurisdiction of the counties or municipalities, including extraterritorial jurisdiction;  and
(2)  is consistent with the geographic boundaries for state planning regions or subregions that are delineated by the governor and that are subject to review and change at the end of each state biennium.
(c)  A commission is a political subdivision of the state.
(d)  This chapter permits participating governmental units the greatest possible flexibility to organize a commission most suitable to their view of the region's problems.
(e)  The counties and municipalities making the agreement may join in the exercise of, or in acting cooperatively in regard to, planning, powers, and duties as provided by law for any or all of the counties and municipalities.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 391 - Regional Planning Commissions › Section 391.004. Plans and Recommendations

Sec. 391.004.  PLANS AND RECOMMENDATIONS.  (a)  A commission may plan for the development of a region and make recommendations concerning major thoroughfares, streets, traffic and transportation studies, bridges, airports, parks, recreation sites, school sites, public utilities, land use, water supply, sanitation facilities, drainage, public buildings, population density, open spaces, and other items relating to the commission's general purposes.
(b)  A plan or recommendation of a commission may be adopted in whole or in part by the governing body of a participating governmental unit.
(c)  A commission may assist a participating governmental unit in:
(1)  carrying out a plan or recommendation developed by the commission;  and
(2)  preparing and carrying out local planning consistent with the general purpose of this chapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 391 - Regional Planning Commissions › Section 391.005. Powers

Sec. 391.005.  POWERS.  (a)  A commission may contract with a participating governmental unit to perform a service if:
(1)  the participating governmental unit could contract with a private organization without governmental powers to perform the service;  and
(2)  the contract to perform the service does not impose a cost or obligation on a participating governmental unit not a party to the contract.
(b)  A commission may:
(1)  purchase, lease, or otherwise acquire property;
(2)  hold or sell or otherwise dispose of property;
(3)  employ staff and consult with and retain experts;  or
(4)(A) provide retirement benefits for its employees through a jointly contributory retirement plan with an agency, firm, or corporation authorized to do business in the state;  or
(B)  participate in the Texas Municipal Retirement System, the Employees Retirement System of Texas, or the Texas County and District Retirement System when those systems by legislation or administrative arrangement permit participation.
(c)  Participating governmental units may by joint agreement provide for the manner of cooperation between participating governmental units and provide for the methods of operation of the commission, including:
(1)  employment of staff and consultants;
(2)  apportionment of costs and expenses;
(3)  purchase of property and materials;  and
(4)  addition of a governmental unit.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 391 - Regional Planning Commissions › Section 391.006. Governing Body of Commission

Sec. 391.006.  GOVERNING BODY OF COMMISSION.  (a)  Except as provided by Subsection (c), participating governmental units may by joint agreement determine the number and qualifications of members of the governing body of a commission.
(b)  At least two-thirds of the members of a governing body of a commission must be elected officials of participating counties or municipalities.
(c)  The governing body of a commission of a region that is consistent with the geographic boundaries of a state planning region shall offer an ex officio, nonvoting membership on the governing body to a member of the legislature who represents a district located wholly or partly in the region of the commission.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 790 (H.B. 2160), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 391 - Regional Planning Commissions › Section 391.007. Detail or Loan of an Employee

Sec. 391.007.  DETAIL OR LOAN OF AN EMPLOYEE.  (a)  A state agency or a governmental unit may detail or loan an employee to a commission.
(b)  During the period of the detail or loan, the employee continues to receive salary, leave, retirement, and other personnel benefits from the lending agency or governmental unit but works under the direction and supervision of the commission.
(c)  The detail or loan of an employee may be on a reimbursable or nonreimbursable basis as agreed by the lending agency or governmental unit and the commission.  The detail or loan expires at the mutual consent of the lending agency or governmental unit and the commission.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 391 - Regional Planning Commissions › Section 391.008. Review and Comment Procedures

Sec. 391.008.  REVIEW AND COMMENT PROCEDURES.  (a)  In a state planning region or subregion in which a commission has been organized, the governing body of a governmental unit within the region or subregion, whether or not a member of the commission, shall submit to the commission for review and comment an application for a loan or grant-in-aid from a state agency, and from a federal agency if the project is one for which the federal government requires review and comment by an areawide planning agency, before the application is filed with the state or federal government.
(b)  For federally aided projects for which an areawide review is required by federal law or regulation, the commission shall review the application from the standpoint of consistency with regional plans and other considerations as specified in federal or state regulations and shall enter its comments on the application and return it to the originating governmental unit.
(c)  For other federally aided projects and for state-aided projects, the commission shall advise the governmental unit on whether the proposed project for which funds are requested has regionwide significance.
(d)  If the proposed project has regionwide significance, the commission shall determine whether it is in conflict with a regional plan or policy.  It may consider whether the proposed project is properly coordinated with other existing or proposed projects within the region.  The commission shall record on the application its view and comments, transmit the application to the originating governmental unit, and send a copy to the concerned federal or state agency.
(e)  If the proposed project does not have regionwide significance, the commission shall certify that it is not in conflict with a regional plan or policy.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 391 - Regional Planning Commissions › Section 391.009. Role of State Auditor, Governor, and State Agencies

Sec. 391.009.  ROLE OF STATE AUDITOR, GOVERNOR, AND STATE AGENCIES.  (a)  To protect the public interest and promote the efficient use of public funds, the governor, with the technical assistance of the state auditor, may draft and adopt:
(1)  rules relating to the operation and oversight of a commission;
(2)  rules relating to the receipt or expenditure of funds by a commission, including:
(A)  restrictions on the expenditure of any portion of commission funds for certain classes of expenses;  and
(B)  restrictions on the maximum amount of or percentage of commission funds that may be expended on a class of expenses, including indirect costs or travel expenses;
(3)  annual reporting requirements for a commission;
(4)  annual audit requirements on funds received or expended by a commission from any source;
(5)  rules relating to the establishment and use of standards by which the productivity and performance of each commission can be evaluated;  and
(6)  guidelines that commissions and governmental units shall follow in carrying out the provisions of this chapter relating to review and comment procedures.
(a-1)  The governor may draft and adopt rules under Subsection (a) using negotiated rulemaking procedures under Chapter 2008, Government Code.
(a-2)  Based on a risk assessment performed by the state auditor and subject to the legislative audit committee's approval for inclusion in the audit plan under Section 321.013, Government Code, the state auditor's office shall assist the governor as provided by Subsection (a).
(b)  The governor and state agencies shall provide technical information and assistance to the members and staff of a commission to increase, to the greatest extent feasible, the capability of the commission to discharge its duties and responsibilities prescribed by this chapter and to ensure compliance with the rules, requirements, and guidelines adopted under Subsection (a).
(c)  In carrying out their planning and program development responsibilities, state agencies shall, to the greatest extent feasible, coordinate planning with commissions to ensure effective and orderly implementation of state programs at the regional level.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 281, Sec. 16, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 694, Sec. 1, eff. June 13, 2001;  Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 9.01, 9.02, eff. Jan. 11, 2004.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 391 - Regional Planning Commissions › Section 391.0091. State Agency Consultation With Regional Planning Commissions

Sec. 391.0091.  STATE AGENCY CONSULTATION WITH REGIONAL PLANNING COMMISSIONS.  (a)  In this section, "service" includes a program.
(b)  If a state agency determines that a service provided by that agency should be decentralized to a multicounty region, the agency shall use a state planning region or combination of regions for the decentralization.
(c)  A state agency that decentralizes a service provided to more than one public entity or nonprofit organization in a region shall consult with the commission for that region in planning the decentralization.  The commission shall consult with each affected public entity or nonprofit organization.
(d)  A state agency, in planning for decentralization of a service in a region, shall consider using a commission for that service to:
(1)  achieve efficiencies through shared costs for:
(A)  executive management;
(B)  administration;
(C)  financial accounting and reporting;
(D)  facilities and equipment;
(E)  data services;  and
(F)  audit costs;
(2)  improve the planning, coordination, and delivery of services by coordinating the location of services;
(3)  increase accountability and local control by placing a service under the oversight of the commission;  and
(4)  improve financial oversight through the auditing and reporting required under this chapter.
(e)  This section does not apply to a service:
(1)  that continues to be operated by a state agency through a regional administrative office of that agency;  or
(2)  for which the state agency determines that a law, rule, or program policy makes use of the geographic area of a single county or adjacent counties more appropriate.
Added by Acts 2003, 78th Leg., ch. 718, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 391 - Regional Planning Commissions › Section 391.00951. Report to Secretary of State

Sec. 391.00951.  REPORT TO SECRETARY OF STATE.  (a)  In this section, "colonia" means a geographic area that:
(1)  is an economically distressed area as defined by Section 17.921, Water Code;
(2)  is located in a county any part of which is within 62 miles of an international border; and
(3)  consists of 11 or more dwellings that are located in close proximity to each other in an area that may be described as a community or neighborhood.
(b)  To assist the secretary of state in preparing the report required under Section 405.021, Government Code, the commission on a quarterly basis shall provide a report to the secretary of state detailing any projects funded by the commission that provide assistance to colonias.
(c)  The report must include:
(1)  a description of any relevant projects;
(2)  the location of each project;
(3)  the number of colonia residents served by each project;
(4)  the exact amount spent or the anticipated amount to be spent on each colonia served by each project;
(5)  a statement of whether each project is completed and, if not, the expected completion date of the project; and
(6)  any other information, as determined appropriate by the secretary of state.
(d)  The commission shall require an applicant for funds administered by the commission to submit to the commission a colonia classification number, if one exists, for each colonia that may be served by the project proposed in the application.  If a colonia does not have a classification number, the commission may contact the secretary of state or the secretary of state's representative to obtain the classification number.  On request of the commission, the secretary of state or the secretary of state's representative shall assign a classification number to the colonia.
Added by Acts 2007, 80th Leg., R.S., Ch. 341 (S.B. 99), Sec. 19, eff. June 15, 2007.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 391 - Regional Planning Commissions › Section 391.010. Conflict of Interest in Provision of Legal Services

Sec. 391.010.  CONFLICT OF INTEREST IN PROVISION OF LEGAL SERVICES.  (a)  A member of the governing body of a commission or a person who provides legal services to a commission may not:
(1)  provide legal representation before or to the commission on behalf of a governmental unit located, in whole or in part, within the boundaries of the commission;  or
(2)  be a shareholder, partner, or employee of a law firm that provides those legal services to the governmental unit.
(b)  A person who violates Subsection (a) may not receive compensation or reimbursement for expenses from the commission or governmental unit.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 391 - Regional Planning Commissions › Section 391.011. Funds

Sec. 391.011.  FUNDS.  (a)  A commission does not have power to tax.
(b)  A participating governmental unit may appropriate funds to a commission for the costs and expenses required in the performance of its purposes.
(c)  A commission may apply for, contract for, receive, and expend for its purposes a grant or funds from a participating governmental unit, the state, the federal government, or other source.
(d)  A commission may not expend funds for an automobile allowance for a member of the governing body of the commission if the member holds another state, county, or municipal office.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 713, Sec. 3, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 280, Sec. 18, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1498, Sec. 6, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 391 - Regional Planning Commissions › Section 391.0115. Restrictions on Commission Travel Costs

Sec. 391.0115.  RESTRICTIONS ON COMMISSION TRAVEL COSTS.  (a)  In reimbursing commission personnel for travel expenses, a commission may not expend funds for travel in excess of the amount of money that may be expended for state personnel under the General Appropriations Act or travel regulations adopted by the comptroller, including any restrictions on mileage reimbursement, per diem, and lodging reimbursement rates.
(b)  A member of the governing body of a commission may not be reimbursed from state-appropriated funds, including federal funds, for official travel in an amount in excess of the rates set for travel by state board and commission members.  If a hotel is unable or unwilling to provide a commission or its officers or employees a rate equivalent to the rate provided to state employees or if a negotiated conference rate for an officially sanctioned conference or meeting exceeds the applicable state reimbursement rate for lodging, a commission may reimburse for lodging expenses at the rates of the expenses incurred.
(c)  A commission may not expend any funds for the purchase of alcoholic beverages or entertainment.
(d)  A commission may purchase goods or a service only if the commission complies with the same provisions for purchasing goods or a service that are equivalent to the provisions, including Chapter 252, applying to a local government.
(e)  A commission may not spend an amount more than 15 percent of the commission's total expenditures on the commission's indirect costs.  For the purposes of this subsection, the commission's capital expenditures and any subcontracts, pass-throughs, or subgrants may not be considered in determining the commission's total direct costs.  In this subsection, "pass-through funds" means funds, including subgrants or subcontracts, that are received by a commission from the federal or state government or other grantor for which the commission serves merely as a cash conduit and has no administrative or financial involvement in the program, such as contractor selection, contract provisions, contract methodology payment, or contractor oversight and monitoring.
(f)  In this section, "indirect costs" means costs that are not directly attributable to a single action of a commission.  The governor shall use the federal Office of Management and Budget circulars A-87 and A-122 or use any rules relating to the determination of indirect costs adopted under Chapter 783, Government Code, in administering this section.
Added by Acts 1999, 76th Leg., ch. 280, Sec. 19, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1498, Sec. 7, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 391 - Regional Planning Commissions › Section 391.0116. Restrictions on Employment

Sec. 391.0116.  RESTRICTIONS ON EMPLOYMENT.  (a)  An employee of a commission when using state-appropriated funds, including federal funds, is subject to the same rules regarding lobbying and other advocacy activities as an employee of any state agency.
(b)  The nepotism provisions of Chapter 573, Government Code, apply to a commission.
Added by Acts 1999, 76th Leg., ch. 1498, Sec. 7, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 391 - Regional Planning Commissions › Section 391.0117. Salary Schedules

Sec. 391.0117.  SALARY SCHEDULES.  (a)  For each fiscal year, a commission shall adopt a salary schedule containing a classification salary schedule for classified positions and identifying and specifying the salaries for positions exempt from the classification salary schedule.
(b)  The salary schedule adopted by the commission may not exceed, for classified positions, the state salary schedule for classified positions as prescribed by the General Appropriations Act adopted by the most recent legislature.  A commission may adopt a salary schedule that is less than the state salary schedule.
(c)  A salary for a position classified under the salary schedule may not exceed the state salary that has been approved by the state auditor's office and paid by the state for comparable work.
(d)  A position may only be exempted from the classification salary schedule adopted by the commission if the exemption and the amount of salary paid for the exempt position is within the range determined appropriate for state exempt positions by the state auditor.
(e)  A commission shall submit to the state auditor the commission's salary schedule, including the salaries of all exempt positions, not later than the 45th day before the date of the beginning of the commission's fiscal year.  If the state auditor, subject to the legislative audit committee's approval for inclusion in the audit plan under Section 321.013, Government Code, has recommendations to improve a commission's salary schedule or a portion of the schedule, the state auditor shall report the recommendations to the governor's office.  The governor's office may not allow the portion of the schedule for which the state auditor has recommendations to go into effect until revisions or explanations are given that are satisfactory to the governor based on recommendations from the state auditor.
(f)  This section does not apply to a commission if the most populous county that is a member of the commission has an actual average weekly wage that exceeds the state actual average weekly wage by 20 percent or more for the previous year as determined by the Texas Workforce Commission in its County Employment and Wage Information Report.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 26, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 9.04, eff. Jan. 11, 2004.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 391 - Regional Planning Commissions › Section 391.013. Interstate Commissions

Sec. 391.013.  INTERSTATE COMMISSIONS.  (a)  With the advance approval of the governor, a commission that borders another state may:
(1)  join with a similar commission or planning agency in a contiguous area of the bordering state to form an interstate commission;  or
(2)  permit a similar commission or planning agency in a contiguous area of the bordering state to participate in planning functions.
(b)  Funds provided a commission may be commingled with funds provided by the government of the bordering state.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 391 - Regional Planning Commissions › Section 391.014. International Areas

Sec. 391.014.  INTERNATIONAL AREAS.  With the advance approval of the governor, a commission that borders the Republic of Mexico may spend funds in cooperation with an agency, constituent state, or local government of the Republic of Mexico for planning studies encompassing areas lying both in this state and in contiguous territory of the Republic of Mexico.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 391 - Regional Planning Commissions › Section 391.015. Withdrawal From Commission

Sec. 391.015.  WITHDRAWAL FROM COMMISSION.  A participating governmental unit may withdraw from a commission by majority vote of its governing body unless it has been otherwise agreed.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 391 - Regional Planning Commissions › Section 391.016. Joining Commission After Withdrawal

Sec. 391.016.  JOINING COMMISSION AFTER WITHDRAWAL.  A governmental unit that has withdrawn from a commission under Section 391.015 may join another commission that is adjacent to the unit if:
(1)  the transfer is approved by the governing bodies of:
(A)  the unit; and
(B)  the commission the unit wishes to join;
(2)  the governmental unit submits a written request for approval of the transfer to the governor that:
(A)  is in the form and manner prescribed by the office of the governor; and
(B)  demonstrates the transfer furthers the purpose of this chapter as described by Section 391.001; and
(3)  the governor approves the transfer.
Added by Acts 2019, 86th Leg., R.S., Ch. 1237 (H.B. 2736), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 392 - Housing Authorities Established by Municipalities and Counties › Subchapter A. General Provisions › Section 392.001. Short Title

Sec. 392.001.  SHORT TITLE.  This chapter may be cited as the Housing Authorities Law.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 392 - Housing Authorities Established by Municipalities and Counties › Subchapter A. General Provisions › Section 392.003. Legislative Findings

Sec. 392.003.  LEGISLATIVE FINDINGS.  The legislature finds that:
(1)  there is a shortage of safe or sanitary housing at rents that persons of low income can afford that forces persons of low income to live in unsanitary or unsafe housing and in overcrowded and congested housing;
(2)  these housing conditions are responsible for an increase in and spread of disease and crime, are a menace to the health, safety, morals, and welfare of the residents of the state, impair economic values, and necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities;
(3)  the unsafe and unsanitary housing cannot be cleared and the shortage of safe and sanitary housing for persons of low income cannot be relieved by private enterprise;
(4)  the construction of housing projects for persons of low income would not be competitive with private enterprise;
(5)  the clearance, replanning, and reconstruction of the areas in which unsanitary or unsafe housing exists and the providing of safe and sanitary housing for persons of low income are public uses and purposes and governmental functions of state concern for which public money may be spent and private property acquired;
(6)  it is in the public interest that work on low income housing projects commence as soon as possible to relieve the unemployment emergency;  and
(7)  this chapter is necessary in the public interest.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 392 - Housing Authorities Established by Municipalities and Counties › Subchapter A. General Provisions › Section 392.004. Operation Not for Profit

Sec. 392.004.  OPERATION NOT FOR PROFIT.  It is the policy of the state that a housing authority manage and operate its housing projects in an efficient manner to enable it to set rentals at the lowest possible rates consistent with providing decent, safe, and sanitary housing and that a housing authority may not construct or operate a project for profit or as a source of revenue to a municipality or county.  For this purpose, an authority shall set rentals at a rate not higher than the rate necessary, together with other available money, revenue, income, and receipts, to produce revenue that is sufficient to:
(1)  pay the principal and interest as it becomes due on bonds of the authority;
(2)  meet the cost of and provide for maintaining and operating the projects, including insurance;
(3)  pay the administrative expenses of the authority;
(4)  create, to the extent determined necessary and advisable by the authority, a reserve for the bonds and to maintain the reserve;  and
(5)  create, to the extent determined necessary and advisable by the authority, a capital and improvements fund to be used by the authority to accomplish the public purposes of this chapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 677, Sec. 8, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 392 - Housing Authorities Established by Municipalities and Counties › Subchapter A. General Provisions › Section 392.006. Unit of Government; Governmental Functions

Sec. 392.006.  UNIT OF GOVERNMENT;  GOVERNMENTAL FUNCTIONS. For all purposes, including the application of the Texas Tort Claims Act (Chapter 101, Civil Practice and Remedies Code), a housing authority is a unit of government and the functions of a housing authority are essential governmental functions and not proprietary functions.  Provided, however, a housing authority shall be subject to all landlord obligations and tenant remedies, other than a suit for personal injuries, as set forth in any lease or rental agreement and in Chapters 24, 54, 91, 92, and 301 of the Property Code.
Added by Acts 1989, 71st Leg., ch. 677, Sec. 2, eff. Aug. 28, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1065 (H.B. 2353), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 392 - Housing Authorities Established by Municipalities and Counties › Subchapter B. Creation and Area of Operation of a Housing Authority › Section 392.011. Creation of a Municipal Housing Authority

Sec. 392.011.  CREATION OF A MUNICIPAL HOUSING AUTHORITY.  (a)  A housing authority is created in each municipality in the state.
(b)  A municipal housing authority is a public body corporate and politic.
(c)  A municipal housing authority may not transact business or exercise its powers until the governing body of the municipality declares by resolution that there is a need for the authority.
(d)  The governing body of a municipality may determine on its own motion if there is a need for an authority.
(e)  The governing body of a municipality shall determine if there is a need for an authority on the filing of a petition signed by at least 100 qualified voters of the municipality.
(f)  The governing body of a municipality shall adopt a resolution declaring that there is a need for a housing authority if it finds that there is:
(1)  unsanitary or unsafe inhabited housing in the municipality;  or
(2)  a shortage of safe or sanitary housing in the municipality available to persons of low income at rentals that they can afford.
(g)  In determining whether housing is unsafe or unsanitary, the governing body may consider the degree of overcrowding, the percentage of land coverage, the availability to inhabitants of light, air, space, and access, the size and arrangement of rooms, the sanitary facilities, and the extent to which conditions in the housing subject life or property to the danger of fire or other hazard.
(h)  In a proceeding involving the validity or enforcement of, or relating to, a contract of the authority, proof of the adoption of a resolution by the governing body that declares that there is a need for the authority and makes the finding that either or both of the requirements of Subsection (f) exist is conclusive evidence of the establishment of the authority and of its authority to transact business and exercise its powers under this chapter.  A copy of the resolution that is certified by the clerk of the municipality is admissible in evidence in the proceeding.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 392 - Housing Authorities Established by Municipalities and Counties › Subchapter B. Creation and Area of Operation of a Housing Authority › Section 392.012. Creation of a County Housing Authority

Sec. 392.012.  CREATION OF A COUNTY HOUSING AUTHORITY.  (a)  A housing authority is created in each county in the state.
(b)  A county housing authority is a public body corporate and politic.
(c)  A county housing authority may not transact business or exercise its powers until the commissioners court of the county declares by resolution that there is a need for the authority.
(d)  The commissioners court of a county may determine on its own motion if there is a need for an authority.
(e)  The commissioners court of a county shall determine if there is a need for an authority on the filing of a petition signed by at least 100 qualified voters of the county.
(f)  The commissioners court of a county shall adopt a resolution declaring that there is a need for a housing authority if it finds that there is:
(1)  unsanitary or unsafe inhabited housing in the county;  or
(2)  a shortage of safe or sanitary housing in the county available to persons of low income at rentals that they can afford.
(g)  In determining whether housing is unsafe or unsanitary, the commissioners court may consider the degree of overcrowding, the percentage of land coverage, the availability to inhabitants of light, air, space, and access, the size and arrangement of rooms, the sanitary facilities, and the extent to which conditions in the housing subject life or property to the danger of fire or other hazard.
(h)  In a proceeding involving the validity or enforcement of, or relating to, a contract of the authority, proof of the adoption of a resolution by the commissioners court that declares that there is a need for the authority and makes the finding that either or both of the requirements of Subsection (f) exist is conclusive evidence of the establishment of the authority and of its authority to transact business and exercise its powers under this chapter.  A copy of the resolution that is certified by the county clerk is admissible in evidence in the proceeding.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 392 - Housing Authorities Established by Municipalities and Counties › Subchapter B. Creation and Area of Operation of a Housing Authority › Section 392.014. Area of Operation of a Municipal Housing Authority

Sec. 392.014.  AREA OF OPERATION OF A MUNICIPAL HOUSING AUTHORITY.  The area of operation of a municipal housing authority is the municipality for which the authority is created and the area that is within five miles of the territorial boundaries of the municipality and is not within the territorial boundaries of another municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 392 - Housing Authorities Established by Municipalities and Counties › Subchapter B. Creation and Area of Operation of a Housing Authority › Section 392.015. Area of Operation of a County Housing Authority

Sec. 392.015.  AREA OF OPERATION OF A COUNTY HOUSING AUTHORITY.  The area of operation of a county housing authority is the county in which the authority is created excluding the parts of the county that are within the territorial boundaries of a municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 392 - Housing Authorities Established by Municipalities and Counties › Subchapter B. Creation and Area of Operation of a Housing Authority › Section 392.016. Area of Operation of a Regional Housing Authority

Sec. 392.016.  AREA OF OPERATION OF A REGIONAL HOUSING AUTHORITY.  The area of operation of a regional housing authority is the counties for which the authority is created excluding the parts of the counties that are within the territorial boundaries of a municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 392 - Housing Authorities Established by Municipalities and Counties › Subchapter B. Creation and Area of Operation of a Housing Authority › Section 392.0161. Area of Operation of a Merged Housing Authority

Sec. 392.0161.  AREA OF OPERATION OF A MERGED HOUSING AUTHORITY.  Notwithstanding Section 392.017(b), the area of operation of a merged housing authority is the county in which the authority is created, excluding any part of the county that is within the territorial boundaries of a municipality other than the municipality operating the municipal housing authority into which the county housing authority was merged.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1137 (H.B. 2975), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 392 - Housing Authorities Established by Municipalities and Counties › Subchapter B. Creation and Area of Operation of a Housing Authority › Section 392.0162. Area of Operation of Certain Municipal Housing Authorities

Sec. 392.0162.  AREA OF OPERATION OF CERTAIN MUNICIPAL HOUSING AUTHORITIES.  (a)  This section applies only to the operation of a municipal housing authority operating in a municipality that:
(1)  has a population of more than 600,000; and
(2)  is located in a county that has a population of 800,000 or more, the territorial boundary of which is contiguous to the international border.
(b)  Notwithstanding Sections 392.014 and 392.017(b), a municipal housing authority may operate in:
(1)  the municipality for which the authority is created; and
(2)  the county described by Subsection (a)(2), other than the parts of the county:
(A)  that are within the territorial boundaries of a municipality other than the municipality for which the authority is created; and
(B)  in which another housing authority operates under this chapter.
(c)  A municipal housing authority may begin operations in the area authorized under Subsection (b)(2) only if:
(1)  the authority has completed and presented to the commissioners court of the county described by Subsection (a)(2) a needs assessment relating to the operation of the authority in the county; and
(2)  after a public hearing considering the needs assessment provided under Subdivision (1), the commissioners court votes to approve the operation of the authority in the applicable area.
Added by Acts 2019, 86th Leg., R.S., Ch. 1115 (H.B. 2287), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 392 - Housing Authorities Established by Municipalities and Counties › Subchapter B. Creation and Area of Operation of a Housing Authority › Section 392.017. Operation of Housing Authority in Other Political Subdivisions

Sec. 392.017.  OPERATION OF HOUSING AUTHORITY IN OTHER POLITICAL SUBDIVISIONS.  (a)  A county housing authority may not undertake a housing project in a municipality unless a resolution is adopted by the governing body of the municipality and by the housing authority authorized to exercise its powers exclusively in the municipality, if any:
(1)  declaring a need for the county housing authority to exercise its powers in the municipality;  and
(2)  authorizing a cooperation agreement under Section 392.059.
(b)  A municipal housing authority may not undertake a housing project outside the boundaries of the municipality in which it is authorized to exercise its powers unless a resolution is adopted by the governing body of the political subdivision in which the housing project is to be located and by the housing authority authorized to exercise its powers exclusively in the political subdivision, if any:
(1)  declaring a need for the municipal housing authority to exercise its powers in the political subdivision;  and
(2)  authorizing a cooperation agreement under Section 392.059.
(c)  A regional housing authority may not undertake a housing project in an unincorporated area of a county unless a resolution is adopted by the commissioners court of the county and by the housing authority authorized to exercise its powers in the county, if any:
(1)  declaring a need for the regional housing authority to exercise its powers in the county;  and
(2)  authorizing a cooperation agreement under Section 392.059.
(d)  A regional housing authority may not undertake a housing project in a municipality unless a resolution is adopted by the governing body of the municipality and by the housing authority authorized to exercise its powers exclusively in the municipality, if any:
(1)  declaring a need for the regional housing authority to exercise its powers in the municipality;  and
(2)  authorizing a cooperation agreement under Section 392.059.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 677, Sec. 8, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 392 - Housing Authorities Established by Municipalities and Counties › Subchapter B. Creation and Area of Operation of a Housing Authority › Section 392.019. Effect of Cooperation Agreement on Area of Operation of Housing Authority

Sec. 392.019.  EFFECT OF COOPERATION AGREEMENT ON AREA OF OPERATION OF HOUSING AUTHORITY.  Regardless of Sections 392.015, 392.016, and 392.0161, the area of operation of a municipal housing authority, a county housing authority, a regional housing authority, or a merged housing authority may extend to and include another municipality, county, or other political subdivision of this state, under the terms of a cooperation agreement made under Section 392.059.
Added by Acts 1989, 71st Leg., ch. 677, Sec. 8, eff. Aug. 28, 1989.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1137 (H.B. 2975), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 392 - Housing Authorities Established by Municipalities and Counties › Subchapter C. Commissioners and Employees › Section 392.031. Appointment of Commissioners of a Municipal Housing Authority

Sec. 392.031.  APPOINTMENT OF COMMISSIONERS OF A MUNICIPAL HOUSING AUTHORITY.  (a)  Each municipal housing authority shall be governed by five, seven, nine, or 11 commissioners.  The presiding officer of the governing body of a municipality shall appoint five, seven, nine, or 11 persons to serve as commissioners of the authority.  An appointed commissioner of the authority may not be an officer or employee of the municipality.  Appointments made under this section must comply with the requirements of Section 392.0331, if applicable.
(b)  A commissioner may not be an officer or employee of the municipality.  A commissioner may be:
(1)  a tenant of a public project over which the housing authority has jurisdiction; or
(2)  a recipient of housing assistance administered through the authority's housing choice voucher program or project-based rental assistance program.
(c)  A certificate of the appointment of a commissioner shall be filed with the clerk of the municipality.  The certificate is conclusive evidence of the proper appointment of the commissioner.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 888, Sec. 1, eff. Aug. 26, 1991;  Acts 1993, 73rd Leg., ch. 1009, Sec. 1, eff. Sept. 1, 1993;  Acts 1999, 76th Leg., ch. 436, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 900 (S.B. 1716), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 448 (S.B. 593), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 392 - Housing Authorities Established by Municipalities and Counties › Subchapter C. Commissioners and Employees › Section 392.032. Appointment of Commissioners of a County Housing Authority

Sec. 392.032.  APPOINTMENT OF COMMISSIONERS OF A COUNTY HOUSING AUTHORITY.  (a)  Each county housing authority shall be governed by five commissioners.  The commissioners court shall appoint five persons to serve as commissioners of the authority.  An appointed commissioner of the authority may not be an officer or employee of the county.  Appointments made under this section must comply with the requirements of Section 392.0331, if applicable.
(b)  A commissioner of the authority may not be an officer or employee of the county.  A commissioner may be:
(1)  a tenant of a public project over which the housing authority has jurisdiction; or
(2)  a recipient of housing assistance administered through the authority's housing choice voucher program or project-based rental assistance program.
(c)  A certificate of the appointment of a commissioner shall be filed with the county clerk.  The certificate is conclusive evidence of the proper appointment of the commissioner.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 1009, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 315 (H.B. 2529), Sec. 1, eff. September 1, 2019.