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 392 - Housing Authorities Established by Municipalities and Counties › Subchapter C. Commissioners and Employees › Section 392.033. Appointment of Commissioners of a Regional Housing Authority

Sec. 392.033.  APPOINTMENT OF COMMISSIONERS OF A REGIONAL HOUSING AUTHORITY.  (a)  The commissioners court of each county in a regional housing authority shall appoint a person to serve as a commissioner of the authority.  Subsequently, the commissioners court of each county shall appoint successors to the commissioner of the authority appointed by that commissioners court.  An appointed 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.
(b)  If the area of operation of an authority is increased to include another county, the commissioners court of that county shall appoint a person to serve as a commissioner of the authority and, subsequently, the successors to that commissioner.
(c)  If there are only two counties in the housing authority, the commissioners of the authority appointed by the commissioners courts shall appoint an additional commissioner to serve as commissioner of the authority.  Subsequently, the commissioners of the authority appointed by the commissioners courts shall appoint a person to succeed the additional commissioner if the successor's term of office begins during their term of office.  If the area of operation of the authority is increased to more than two counties, a successor to the additional commissioner is not appointed.
(d)  If the housing authority contains only one county, the commissioners court of that county shall appoint three persons instead of one person to serve as commissioners of the authority.  Subsequently, the commissioners court of the county shall appoint successors to the commissioners of the authority appointed by that commissioners court.
(e)  A certificate of the appointment of a commissioner appointed by a commissioners court shall be filed with the county clerk.  The certificate is conclusive evidence of the proper appointment of the commissioner.
(f)  A certificate of the appointment of an additional commissioner by the commissioners of an authority composed of only two counties shall be filed with the records of the authority.  The certificate is conclusive evidence of the proper appointment of the commissioner.
(g)  Appointments made under this section must comply with the requirements of Section 392.0331, if applicable.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 1009, Sec. 3, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 315 (H.B. 2529), Sec. 2, 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 C. Commissioners and Employees › Section 392.034. Terms of Office of Commissioners

Sec. 392.034.  TERMS OF OFFICE OF COMMISSIONERS.  (a)  Two of the original commissioners of a county housing authority shall be designated to serve one-year terms from the date of their appointment, and three shall be designated to serve two-year terms.  Subsequent commissioners are appointed for two-year terms.
(b)(1) The original commissioners of a municipal housing authority shall serve terms as follows:
(A)  for an authority with five commissioners, two shall be designated to serve one-year terms and three shall be designated to serve two-year terms;
(B)  for an authority with seven commissioners, three shall be designated to serve one-year terms and four shall be designated to serve two-year terms;
(C)  for an authority with nine commissioners, four shall be designated to serve one-year terms and five shall be designated to serve two-year terms;  and
(D)  for an authority with 11 commissioners, five shall be designated to serve one-year terms and six shall be designated to serve two-year terms.
(2)  Subsequent municipal housing commissioners are appointed for two-year terms.
(c)  Commissioners of a regional housing authority are appointed for two-year terms.
(d)  Vacancies shall be filled for the unexpired term.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 436, Sec. 3, 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 392 - Housing Authorities Established by Municipalities and Counties › Subchapter C. Commissioners and Employees › Section 392.035. Compensation

Sec. 392.035.  COMPENSATION.  A commissioner of a housing authority may not receive compensation for service as a commissioner.  A commissioner is entitled to receive reimbursement for the necessary expense, including traveling expenses, incurred in the discharge of duties as a commissioner.
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 C. Commissioners and Employees › Section 392.036. Vote Required for Action

Sec. 392.036.  VOTE REQUIRED FOR ACTION.  Unless the authority's bylaws require a larger number, when a quorum is present an authority may take action on a vote of a majority of the commissioners present.
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 C. Commissioners and Employees › Section 392.037. Chairman and Vice-Chairman of a Municipal or County Housing Authority

Sec. 392.037.  CHAIRMAN AND VICE-CHAIRMAN OF A MUNICIPAL OR COUNTY HOUSING AUTHORITY.  (a)  The mayor shall designate one of the initial commissioners of a municipal housing authority as chairman.  The commissioners court shall designate one of the initial commissioners of a county housing authority as chairman.  Subsequently, when the office of chairman becomes vacant the authority shall select one of the commissioners as chairman.
(b)  A municipal or county housing authority shall select one of the commissioners as vice-chairman.
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 C. Commissioners and Employees › Section 392.038. Other Officers and Employees of a Municipal or County Housing Authority

Sec. 392.038.  OTHER OFFICERS AND EMPLOYEES OF A MUNICIPAL OR COUNTY HOUSING AUTHORITY.  A municipal or county housing authority may employ a secretary, who shall serve as executive director, and may employ technical experts and other officers, agents, and employees, permanent or temporary, the authority considers necessary.  The authority shall determine the qualifications, duties, and compensation of the persons employed.
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 C. Commissioners and Employees › Section 392.039. Officers and Employees of a Regional Housing Authority

Sec. 392.039.  OFFICERS AND EMPLOYEES OF A REGIONAL HOUSING AUTHORITY.  (a)  The commissioners of a regional housing authority shall elect a chairman from among the commissioners.
(b)  The commissioners of a regional housing authority may select or employ other officers and employees the commissioners consider necessary.
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 C. Commissioners and Employees › Section 392.040. Legal Services

Sec. 392.040.  LEGAL SERVICES.  (a)  A municipal housing authority may request needed legal services from the municipal attorney or it may employ its own counsel and legal staff.
(b)  A county housing authority may request needed legal services from the county attorney or it may employ its own counsel and legal staff.
(c)  A regional housing authority may request needed legal services from the county attorney of a county in the authority or it may employ its own counsel and legal staff.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 87(v), 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 C. Commissioners and Employees › Section 392.041. Removal of a Commissioner

Sec. 392.041.  REMOVAL OF A COMMISSIONER.  (a)  The mayor may remove a commissioner of a municipal housing authority for inefficiency, neglect of duty, or misconduct in office.
(b)  The commissioners court may remove a commissioner of a county housing authority for inefficiency, neglect of duty, or misconduct in office.
(c)  For inefficiency, neglect of duty, or misconduct in office, the commissioners court may remove a commissioner of a regional housing authority who was appointed by the commissioners court.
(d)  For inefficiency, neglect of duty, or misconduct in office, the commissioners of a regional housing authority consisting of only two counties may remove the additional commissioner appointed by the commissioners.
(e)  Before a commissioner may be removed, the commissioner must be given:
(1)  a copy of the charges before the 10th day before the date of a hearing on the charges;  and
(2)  an opportunity to be heard in person or by counsel at the hearing.
(f)  If a commissioner of a municipal housing authority is removed, a record of the proceedings with the charges and findings shall be filed in the office of the clerk of the municipality.
(g)  If a commissioner of a county housing authority is removed, a record of the proceedings with the charges and findings shall be filed in the office of the county clerk.
(h)  If a commissioner of a regional housing authority is removed, a record of the proceedings with the charges and findings shall be filed in the office of the county clerk if the commissioner was appointed by a commissioners court or shall be filed with the records of the authority if the commissioner was appointed by the other commissioners of the authority.
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 C. Commissioners and Employees › Section 392.042. Interested Commissioners

Sec. 392.042.  INTERESTED COMMISSIONERS.  (a)  In this section, "housing project" includes, in addition to the works or undertakings described by Subdivision (6) of Section 392.002:
(1)  a work or undertaking implemented for a reason described by Subdivision (6) of Section 392.002 that is financed in any way by public funds or tax-exempt revenue bonds;  or
(2)  a building over which the housing authority has jurisdiction and of which a part is reserved for occupancy by persons who receive income or rental supplements from a governmental entity.
(b)  Except as provided by Subsection (c), a commissioner of an authority may not have dealings with a housing project for pecuniary gain and may not own, acquire, or control a direct or indirect interest in a:
(1)  housing project;
(2)  property included or planned to be included in a housing project;
(3)  contract or proposed contract for the sale of land to be used for a housing project;
(4)  contract or proposed contract for the construction of a housing project;  or
(5)  contract or proposed contract for the sale of materials or services to be furnished or used in connection with a housing project.
(c)  A commissioner may:
(1)  manage a housing project;
(2)  own, acquire, or control a management company that renders management services to a housing project;
(3)  continue to own or control an interest in a housing project held by the commissioner before the commissioner's term of office began;  or
(4)  own, acquire, or control an interest in, or have dealings with, a housing project over which the commissioner's housing authority does not have jurisdiction.
(d)  If a commissioner manages, owns, acquires, or controls a direct or indirect interest in property included or planned to be included in a housing project or has any other dealings for pecuniary gain with a housing project, the commissioner shall immediately disclose the interest or dealings to the authority in writing.  The disclosure shall be entered in the minutes of the authority.  The failure to disclose the interest constitutes misconduct of office.
(e)  A commissioner who knowingly or intentionally violates Subsection (b) or (d) commits an offense.  An offense under this subsection is a felony of the third degree.
(f)  A person finally convicted under Subsection (e) is ineligible for future employment with the state, a political subdivision of the state, or a public corporation formed under the authority of the state or a political subdivision of the 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 392 - Housing Authorities Established by Municipalities and Counties › Subchapter C. Commissioners and Employees › Section 392.043. Interested Employees

Sec. 392.043.  INTERESTED EMPLOYEES.  (a)  Except as provided by Subsection (b), (c), or (f), an employee of an authority may not have dealings with a housing project for pecuniary gain and may not own, acquire, or control a direct or indirect interest in a:
(1)  housing project;
(2)  property included or planned to be included in a housing project;
(3)  contract or proposed contract for the sale of land to be used for a housing project;
(4)  contract or proposed contract for the construction of a housing project;  or
(5)  contract or proposed contract for the sale of materials or services to be furnished or used in connection with a housing project.
(b)  An employee may not have any dealings with a housing project for pecuniary gain except in the performance of duties as an employee of the housing authority.
(c)  Except as otherwise permitted by this chapter or another law, an employee of an authority may not be employed by or otherwise contract to provide services to another authority unless the first authority gives its written consent to the employment or contract.  An employee of an authority who is employed by or who contracts to provide services to another authority under this subsection does not violate Subsection (a) or (b).
(d)  An employee who knowingly or intentionally violates Subsection (a) or (c) commits an offense.  An offense under this subsection is a felony of the third degree.
(e)  A person finally convicted under Subsection (d) is ineligible for future employment with the state, a political subdivision of the state, or a public corporation formed under the authority of the state or a political subdivision of the state.
(f)  An employee of an authority may be a party to or otherwise participate in a contract or agreement for assistance under a housing program, including a contract or agreement for public housing, Section 8 housing assistance, low-interest home loans, lease-purchase assistance, or down payment assistance, to the same extent as a member of the public if the employee qualifies for assistance under the program.
(g)  In this section, "Section 8 housing assistance" means housing assistance provided under Section 8, United States Housing Act of 1937 (42 U.S.C. Section 1437f).
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 64, Sec. 1, eff. Nov. 1, 1987;  Acts 1999, 76th Leg., ch. 231, Sec. 1, eff. May 24, 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 392 - Housing Authorities Established by Municipalities and Counties › Subchapter D. Powers and Duties of a Housing Authority › Section 392.051. General Powers

Sec. 392.051.  GENERAL POWERS.  (a)  An authority exercises public and essential governmental functions and has the powers necessary or convenient to accomplish the purposes and provisions of this chapter.
(b)  The powers of an authority are vested in the commissioners of the authority.
(c)  An authority may delegate a power or duty to an agent or employee as it considers proper.
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 D. Powers and Duties of a Housing Authority › Section 392.0525. Letter of Credit Accepted in Lieu of Payment and Performance Bonds

Sec. 392.0525.  LETTER OF CREDIT ACCEPTED IN LIEU OF PAYMENT AND PERFORMANCE BONDS.  In the award of a contract for the construction, reconstruction, improvement, alteration, or repair of any public building or for the completion of any public work, an authority must comply with applicable state laws regarding the execution of a contractor's performance bond and payment bond.  However, if authorized by a federal program or federal regulation, an authority may accept, in lieu of a performance bond and payment bond, an unconditional and irrevocable letter of credit in the amount of the contract price and payable to the authority.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 80(a), 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 D. Powers and Duties of a Housing Authority › Section 392.053. Public Meeting on Proposed Housing Project

Sec. 392.053.  PUBLIC MEETING ON PROPOSED HOUSING PROJECT.  (a)  In this section, "housing project" includes, in addition to the works or undertakings described by Subdivision (6) of Section 392.002:
(1)  a work or undertaking implemented for a reason described by Subdivision (6) of Section 392.002 that is financed in any way by public funds or tax-exempt revenue bonds;  or
(2)  a building over which the housing authority has jurisdiction and of which a part is reserved for occupancy by persons who receive income or rental supplements from a governmental entity.
(b)  Unless the commissioners of an authority hold a public meeting about a proposed housing project before the site for the project is approved, the authority may not authorize the construction of the housing project or obtain a permit, certificate, or other authorization required by a municipality or other political subdivision for any part of the construction of the housing project.  A majority of the commissioners must attend the public meeting.
(c)  The commissioners shall hold the meeting at the closest available facility to the site of the proposed project.
(d)  The commissioners shall allow a person who owns or leases real property within one-fourth mile of the proposed site to comment on the proposed project.
(e)  If a housing authority has not complied with the requirements of this section and Section 392.054, a municipality or other political subdivision may not issue a permit, certificate, or other authorization for any part of the construction of, or for the occupancy of, a housing project.
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 D. Powers and Duties of a Housing Authority › Section 392.054. Notice of Public Meeting

Sec. 392.054.  NOTICE OF PUBLIC MEETING.  (a)  In addition to any other notice required by law, the commissioners of an authority shall post notice of the date, hour, place, and subject of a meeting required by Section 392.053.  The notice must be posted before the 30th day before the date of the meeting on a bulletin board at a place convenient to the public in:
(1)  the county courthouse of the county in which the proposed site is located;  and
(2)  the city hall of the municipality in which the proposed site is located, if applicable.
(b)  Before the 30th day before the date of the meeting, the commissioners shall publish a copy of the notice required by Subsection (a) in a newspaper with, or in newspapers that collectively have, general circulation in the county in which the proposed project is located.
(c)  Before the 30th day before the date of the meeting, the commissioners shall mail a notice containing the same information as the notice required by Subsection (a) to each person who owns real property within one-fourth mile of the site of the proposed project.  The commissioners may rely on the most recent county tax roll for the names and addresses of the owners.
(d)  At a location at the proposed site that is visible from a regularly traveled thoroughfare, before the 30th day before the date of the meeting the commissioners shall post a sign not less than four feet by four feet with a caption stating "Site of Proposed Housing Project" in eight-inch letters.  The sign must state the nature and location of the proposed project, the names and addresses of the governmental entities involved in the development of the project, and the date, time, and place of the meeting.
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 D. Powers and Duties of a Housing Authority › Section 392.055. Rentals and Tenant Selection

Sec. 392.055.  RENTALS AND TENANT SELECTION.  (a)  An authority may rent or lease housing only to persons of low income and only at rentals that persons of low income can afford, in accordance with policy guidelines to be adopted annually by the authority on or before the beginning of each fiscal year of the authority.
(b)  An authority may not rent or lease housing to a tenant that consists of a greater number of rooms than the number the authority considers necessary to provide safe and sanitary housing to the proposed occupants without overcrowding.
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 D. Powers and Duties of a Housing Authority › Section 392.0555. Pet Ownership Policy

Sec. 392.0555.  PET OWNERSHIP POLICY.  A housing authority policy permitting tenant ownership of a pet must comply with all applicable county or municipal restrictions on dangerous dogs imposed under Section 822.047, Health and Safety Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 4 (S.B. 349), Sec. 1, eff. May 10, 2023.
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 D. Powers and Duties of a Housing Authority › Section 392.056. Acquisition, Use, and Disposition of Real and Personal Property

Sec. 392.056.  ACQUISITION, USE, AND DISPOSITION OF REAL AND PERSONAL PROPERTY.  (a)  An authority may own, hold, and improve real or personal property.
(b)  An authority may purchase, lease, or obtain an option on an interest in real or personal property.  An authority may acquire an interest in real or personal property by gift, grant, bequest, devise, or any other manner.
(c)  An authority may sell, lease, exchange, transfer, assign, pledge, or grant an option on the authority's real property or personal property and may insure or provide for the insurance of the authority's real property, personal property, or operations against risks or hazards.
(d)  Regardless of whether the debt is incurred by the authority, an authority may procure insurance or guarantees from the federal government of the payment of a debt, or part of a debt, secured by a mortgage on property included in a housing project.
(e)  Another law with respect to the acquisition, operation, or disposition of property by another public body does not apply to a housing authority unless specifically provided by the legislature.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 677, Sec. 4, 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 D. Powers and Duties of a Housing Authority › Section 392.0565. Purchases Made Under Federal Procurement Program

Sec. 392.0565.  PURCHASES MADE UNDER FEDERAL PROCUREMENT PROGRAM.  (a)  An authority may purchase equipment and supplies and award contracts for services or for repairs, maintenance, and replacements in compliance with the consolidated supply program or any other procurement program or procedure established by the federal government.  The authority is exempt from applicable state laws to the extent necessary to allow the authority's participation in the program or procedure.
(b)  On the request of a Texas vendor, an authority shall provide the vendor with the current cost published by the consolidated supply program or any other product program established by the federal government that the authority might use to purchase any of the supplies or equipment it uses.  An authority shall permit the vendor to bid on those items it believes that it can provide at the same or lower delivered cost if the vendor can demonstrate that the items are of the same quality and specifications as those offered through the applicable federal program.
(c)  In this section, "consolidated supply program" means a program established by the U.S. Department of Housing and Urban Development to assist housing authorities to operate public housing projects efficiently and economically and to assure the availability of products that have the durability required for the safety, security, and economical maintenance of low-income housing.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 81(a), 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 D. Powers and Duties of a Housing Authority › Section 392.057. Investment of Funds

Sec. 392.057.  INVESTMENT OF FUNDS.  An authority may invest any funds held in reserves or sinking funds or any funds not required for immediate disbursement in property or securities in which a savings bank may legally invest funds subject to its control.
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 D. Powers and Duties of a Housing Authority › Section 392.058. Research and Investigation

Sec. 392.058.  RESEARCH AND INVESTIGATION.  (a)  An authority may research, study, and experiment on the subject of housing in its area of operation.
(b)  An authority may investigate housing conditions and methods of improving housing conditions in its area of operation.
(c)  An authority may determine where there is a slum area or a shortage of decent, safe, and sanitary housing available to persons of low income in its area of operation.
(d)  An authority may make studies and recommendations relating to the problems of clearing, replanning, and reconstructing slum areas and of providing housing for persons of low income in its area of operation.
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 D. Powers and Duties of a Housing Authority › Section 392.059. Cooperation With Other Governmental Entities or Housing Authorities

Sec. 392.059.  COOPERATION WITH OTHER GOVERNMENTAL ENTITIES OR HOUSING AUTHORITIES.  (a)  An authority may cooperate with a municipality, a county, another political subdivision of this state, or the state in action taken in connection with the problems of clearing, replanning, and reconstructing slum areas and of providing housing for persons of low income in the area of operation of the authority or within the boundaries of the cooperating political subdivision.
(b)  Housing authorities may cooperate in the exercise of a power conferred by this chapter to finance, plan, undertake, construct, or operate a housing project in the area of operation of one or more of the cooperating authorities.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 677, Sec. 5, 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 D. Powers and Duties of a Housing Authority › Section 392.060. Hearings

Sec. 392.060.  HEARINGS.  Acting through one or more commissioners or other persons designated by the authority, an authority may:
(1)  conduct examinations and investigations and hear testimony and accept evidence under oath at a public or private hearing on a matter material for the authority's information;
(2)  administer oaths, issue a subpoena requiring the attendance of a witness or the production of books and papers, and issue a commission for the examination of a witness who is outside the state, unable to attend the hearing, or excused from attendance;  and
(3)  make its findings and recommendations with regard to a building or property where conditions exist that are dangerous to the public health, morals, safety, or welfare available to appropriate agencies, including agencies charged with the duty of abating, or requiring the correction of, nuisances or similar conditions or of demolishing unsafe or unsanitary structures within the authority's area of operation.
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 D. Powers and Duties of a Housing Authority › Section 392.061. Eminent Domain

Sec. 392.061.  EMINENT DOMAIN.  (a)  An authority may acquire an interest in real property, including a fee simple interest, by the exercise of the power of eminent domain after it adopts a resolution describing the real property and declaring the acquisition of the property necessary for the purposes of the authority under this chapter.
(b)  An authority may exercise the power of eminent domain in the manner provided by Chapter 21, Property Code, or by other applicable statutory provisions for the exercise of the power of eminent domain.
(c)  An authority may exercise the power of eminent domain to acquire property already devoted to public use, but the authority may not acquire real property belonging to a municipality, a county, another political subdivision, or the state without the consent of the governmental entity.
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 D. Powers and Duties of a Housing Authority › Section 392.062. Reports

Sec. 392.062.  REPORTS.  (a)  At least once a year, each housing authority shall file a report of its activities for the preceding year and make recommendations for additional legislation or other action it considers necessary to carry out the purposes of this chapter.
(b)  A municipal housing authority shall file the report with the clerk of the municipality.  A county housing authority shall file the report with the county clerk.  A regional housing authority shall file the report with the county clerks of the counties in the authority.
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 D. Powers and Duties of a Housing Authority › Section 392.063. Projects for Farmers of Low Income

Sec. 392.063.  PROJECTS FOR FARMERS OF LOW INCOME.  (a)  A county, regional, or merged housing authority may borrow money, accept grants, and exercise its powers to provide housing for farmers of low income.
(b)  As the authority considers necessary to assure the achievement of the objectives of this chapter, in connection with a project for farmers of low income an authority may enter into a lease or purchase agreement, accept a conveyance, and rent or sell housing that is part of the project to or for farmers of low income.  The lease, agreement, or conveyance may include covenants that the authority considers appropriate regarding the housing and the land described in the instrument.  If the authority considers it necessary and on the stipulation of the parties, the covenants run with the land.
(c)  The owner of a farm operated, or worked on, by farmers of low income in need of safe and sanitary housing may file an application with a county, regional, or merged housing authority requesting that the authority provide safe and sanitary housing for the farmers.  The housing authority shall consider the applications in connection with the formulation of projects or programs to provide housing for farmers of low income.
(d)  A county or regional housing authority is not subject to the limitations in Subsections (c) and (d) of Section 392.055 in respect to housing projects for farmers of low income.
(e)  This section does not limit other powers of a housing authority.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1137 (H.B. 2975), Sec. 3, 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 D. Powers and Duties of a Housing Authority › Section 392.064. Corporate Name of Regional Housing Authority

Sec. 392.064.  CORPORATE NAME OF REGIONAL HOUSING AUTHORITY.  A regional housing authority may select an appropriate corporate name.
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 D. Powers and Duties of a Housing Authority › Section 392.065. Miscellaneous Powers

Sec. 392.065.  MISCELLANEOUS POWERS.  An authority may:
(1)  sue and be sued;
(2)  have a seal and change the seal at will;
(3)  have perpetual succession;
(4)  make and execute contracts and other instruments that are necessary or convenient to the exercise of the authority's powers;  and
(5)  make, amend, and repeal bylaws and rules that are consistent with this chapter to implement the authority's powers and purposes.
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 D. Powers and Duties of a Housing Authority › Section 392.066. Public Facility Corporation

Sec. 392.066.  PUBLIC FACILITY CORPORATION.  (a)  An authority that creates a public facility corporation under Chapter 303 may, with or without consideration, for the purpose of providing affordable housing or housing assistance, enter into an agreement with, make a contribution to, make an investment in, enter into a lease or exchange with, or make a mortgage or loan to the corporation to:
(1)  acquire, construct, rehabilitate, renovate, repair, equip, furnish, or provide assistance to a residential development described by Section 394.004 or a housing project;  or
(2)  accomplish another public purpose authorized by law.
(b)  For the purpose of providing affordable housing or housing assistance and for a purpose described by Subsection (a), an authority described by Subsection (a) may also, with or without consideration:
(1)  transfer, convey, pledge, or otherwise use money, personal or real property, or any other right or benefit to which the authority is entitled under state or federal law;  and
(2)  pledge a right or benefit described by Subdivision (1) to secure the payment of indebtedness issued by the public facility corporation created by the authority.
(c)  For the purpose of providing affordable housing or housing assistance, an authority may exercise a power granted by Subsection (a) as necessary to:
(1)  develop or diversify the economy of this state;
(2)  reduce unemployment or underemployment in this state;
(3)  develop or expand commerce in this state;  or
(4)  promote another public purpose.
(d)  The powers granted by this section do not affect the powers of an authority granted under Chapter 303.
(e)  A housing development project or other program that uses funds provided by an authority under this section must benefit individuals and families whose incomes are not more than 60 percent of the area median family income, adjusted for family size, as determined by the United States Department of Housing and Urban Development, in the same proportion that the funds provided by the authority under this section bear to the overall cost of the housing development project or other program.
Added by Acts 1999, 76th Leg., ch. 348, Sec. 1, eff. May 29, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.341, eff. Sept. 1, 2001.
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 D. Powers and Duties of a Housing Authority › Section 392.067. Veterans Housing in Certain Counties

Sec. 392.067.  VETERANS HOUSING IN CERTAIN COUNTIES.  (a)  In this section, "veteran" means a person who has served on active duty in the armed forces of the United States or in the state military forces as defined by Section 437.001, Government Code.
(b)  A county or municipal housing authority in a county with a population of more than 500,000 may borrow money, accept grants, and exercise its powers to provide safe and sanitary housing communities for veterans.
(c)  As the authority considers necessary to achieve the purposes of this chapter, an authority may enter into a lease or purchase agreement or accept a conveyance regarding real property as part of a housing project that will benefit veterans.  The agreement or conveyance may include any restrictive covenants that the authority considers appropriate regarding the property.  As the authority considers necessary and on the stipulation of the parties, the covenants run with the property.
(d)  A county or municipal housing authority to which this section applies is not subject to the limitations in Section 392.014, 392.015, or 392.017 with respect to a housing project that benefits veterans as authorized by this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 951 (H.B. 3358), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 3.16, eff. September 1, 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 E. Bonds and Other Obligations › Section 392.081. Authority to Issue Bonds

Sec. 392.081.  AUTHORITY TO ISSUE BONDS.  (a)  An authority may, by resolution, authorize the issuance of bonds in one or more series for a corporate purpose of the authority.
(b)  An authority may issue refunding bonds to repay or retire bonds that the authority previously issued.
(c)  An authority may determine the type of bond to issue, including bonds on which the principal and interest are payable:
(1)  exclusively from the income and revenues of the housing project financed by the proceeds of the bonds or financed by those proceeds and a federal grant in aid of the project;
(2)  exclusively from the income and revenue of designated housing projects regardless of whether the projects are financed by the bonds;  or
(3)  from general revenue of the housing authority.
(d)  Bonds issued by an authority may be additionally secured by a pledge of revenue or by the mortgage of a housing project or other property of the authority.  In addition, an authority may make credit agreements in conjunction with the issuance, payment, sale, resale, or exchange of bonds to enhance the security for or provide for the payment, redemption, or remarketing of the bonds and the interest on the bonds.  The cost to the authority of the credit agreement may be paid from the proceeds of the sale of the bonds to which the credit agreement relates or from any other source, including revenues of the authority that are available for the purpose of paying the bonds and the interest on the bonds or that may otherwise be legally available to make those payments.
(e)  Bonds issued by an authority are not a debt for the purposes of a constitutional or statutory debt limitation or restriction.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 677, Sec. 6, 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 E. Bonds and Other Obligations › Section 392.082. Form of Bonds

Sec. 392.082.  FORM OF BONDS.  (a)  The resolution authorizing bonds of an authority, or a trust indenture or mortgage of the authority that secures the bonds, may provide:
(1)  the date to appear on the bonds;
(2)  the maturity date of the bonds;
(3)  the interest rate of the bonds;
(4)  the denomination of the bonds;
(5)  the form of the bonds, either coupon or registered;
(6)  conversion or registration privileges of the bonds;
(7)  the rank and priority of the bonds;
(8)  the manner of execution of the bonds;
(9)  the medium and place of payment of the bonds;  and
(10)  the terms of redemption of the bonds, with or without premium.
(b)  The signatures of commissioners or officers on the bonds are valid and sufficient for all purposes regardless of whether the commissioners or officers are in office or have left office at the time the bonds are delivered.
(c)  In a proceeding involving the validity or enforceability of a bond of an authority, or the security for the bond, a bond that recites in substance that it is issued by the authority to aid in financing a housing project to provide housing for persons of low income shall be conclusively considered to be issued for that purpose and the project shall be conclusively considered to be planned, located, and constructed in accordance with 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 392 - Housing Authorities Established by Municipalities and Counties › Subchapter E. Bonds and Other Obligations › Section 392.083. Sale of Bonds

Sec. 392.083.  SALE OF BONDS.  (a)  Bonds issued by an authority may be sold either at a public sale after notice is published in accordance with this section or at a private sale.  Bonds may be sold at the price or prices determined by the authority but may not be sold at a price that would cause the interest on the bonds to exceed the maximum net effective interest rate established by Chapter 1204, Government Code.
(b)  Notice of a public sale of bonds of a housing authority must be published before the fifth day before the date of the sale in a newspaper with general circulation within the boundaries of the authority and in a financial newspaper published in New York, New York.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 677, Sec. 7, eff. Aug. 28, 1989;  Acts 2001, 77th Leg., ch. 1420, Sec. 8.342, eff. Sept. 1, 2001.