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 392.0131. Merger of Certain County Housing Authorities Into Municipal Housing Authorities

Sec. 392.0131.  MERGER OF CERTAIN COUNTY HOUSING AUTHORITIES INTO MUNICIPAL HOUSING AUTHORITIES.  (a)  This section applies only to the merger of housing authorities operating in:
(1)  a county that is located on the international border and contains a municipality with a population of 500,000 or more; and
(2)  a municipality that has a population of more than 600,000 and less than 700,000 and is located in a county described by Subdivision (1).
(b)  If the commissioners court of a county described by Subsection (a)(1) and the governing body of a municipality described by Subsection (a)(2) declare by resolutions that there is a need for the county housing authority to consolidate its powers with the municipal housing authority under this chapter, the county housing authority is merged into the housing authority for the municipality.
(c)  The commissioners court and the governing body of the municipality may adopt a resolution declaring that there is a need for a merger as described by Subsection (b) only if the commissioners court and the governing body of the municipality each find that a merged housing authority would be more efficient or economical than separate county and municipal housing authorities in carrying out the purposes of this chapter.
(d)  In a proceeding involving the validity or enforcement of, or relating to, a contract of a merged housing authority, proof of a resolution adopted under Subsection (b) by the commissioners court of the county and the governing body of the municipality is conclusive evidence that the merged housing authority is authorized to transact business and exercise its powers under this chapter.
(e)  When housing authorities are merged in the manner provided by this section:
(1)  the rights, contracts, agreements, obligations, and property of the county housing authority become those of the municipal housing authority;
(2)  the county housing authority shall execute deeds of the property to the municipal housing authority, which shall file the deeds with the county clerk of the county where the real property is located;  and
(3)  a person with rights or remedies against the county housing authority may assert, enforce, and prosecute those rights or remedies against the municipal housing authority.
(f)  The vesting of the real property in the municipal housing authority is not contingent on compliance with Subsection (e)(2).
(g)  At the time housing authorities are merged in the manner provided by this section, the county housing authority ceases to exist, except for the purpose of winding up the affairs of the authority and executing the deeds of real property to the municipal housing authority.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1137 (H.B. 2975), Sec. 1, eff. June 14, 2013.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 192, eff. September 1, 2023.