CHAPTER 392. HOUSING AUTHORITIES ESTABLISHED BY MUNICIPALITIES AND COUNTIES
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
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.
Sec. 392.002. DEFINITIONS. In this chapter:
(1) "Authority" or "housing authority" means a public
corporation created under this chapter.
(2) "Bond" means a bond, note, interim certificate, debenture,
or other obligation issued by an authority under this chapter.
(3) "Clerk of the municipality" means the clerk of a
municipality or the officer given the duties customarily imposed
on the clerk.
(4) "Farmers of low income" means persons or families who, at
the time of their admission to occupancy in housing of a housing
authority:
(A) live in unsafe or unsanitary housing;
(B) earn their principal income from operating or working on a
farm; and
(C) had an aggregate average annual net income for the preceding
three years that is less than the amount determined by the
housing authority to be necessary, in its area of operation, to
obtain, without financial assistance, decent, safe, and sanitary
housing without overcrowding.
(5) "Federal government" includes the United States, the
Department of Housing and Urban Development, and any other agency
or instrumentality, corporate or otherwise, of the United States.
(6) "Housing project" means a work or other undertaking to:
(A) demolish, clear, or remove buildings from a slum area,
including a work or other undertaking to adapt an area for use as
a park, for another recreational or community purpose, or for any
other public purpose;
(B) provide decent, safe, and sanitary urban or rural housing
for persons of low income, including buildings, land, equipment,
facilities, and other real or personal property for necessary,
convenient, or desirable appurtenances, streets, sewers, water
service, and parks, or for other purposes, including site
preparation, gardening, administrative, community, health,
recreational, educational, or welfare purposes;
(C) accomplish a combination of the purposes described by
Paragraphs (A) and (B); or
(D) plan buildings and other improvements, acquire property,
demolish structures, construct, reconstruct, alter, and repair
improvements, and perform other related work.
(7) "Mayor" means the mayor of a municipality or the officer
given the duties customarily imposed on the mayor or executive
head of a municipality.
(8) "Obligee of the authority" or "obligee" includes:
(A) a bondholder;
(B) a trustee of a bondholder;
(C) a lessor demising to the authority any property used in
connection with a housing project;
(D) an assignee of the interest, or part of the interest, of a
lessor demising to the authority any property used in connection
with a housing project; and
(E) the federal government if it is a party to a contract with
the authority.
(9) "Persons of low income" means families or persons who lack
the amount of income that an authority considers necessary to
live, without financial assistance, in decent, safe, and sanitary
housing without overcrowding.
(10) "Real property" means land, including improvements,
fixtures, and other property appurtenant to or used in connection
with the land and means any other estate, interest, or legal or
equitable right in the land, improvement, fixture, or appurtenant
property, including a term for years, a lien of any kind, and any
indebtedness secured by a lien.
(11) "Slum" means an area that is predominated by housing that
is detrimental to safety, health, and morals because of one or
more of the following factors:
(A) dilapidation;
(B) overcrowding;
(C) faulty arrangement or design; or
(D) lack of ventilation, light, or sanitary facilities.
(12) "Credit agreement" means a loan agreement, revolving credit
agreement, agreement establishing a line of credit, letter of
credit, reimbursement agreement, insurance contract, commitment
to purchase bonds, purchase or sale agreement, or commitment or
other contract or agreement authorized and approved by the
governing body of an issuer in connection with the authorization,
issuance, security, exchange, payment, purchase, or redemption of
bonds or interest on bonds or both.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 677, Sec. 1, eff. Aug. 28,
1989.
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.
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.
Sec. 392.005. TAX EXEMPTION. (a) The property of an authority
is public property used for essential public and governmental
purposes. The authority and the authority's property are exempt
from all taxes and special assessments of a municipality, a
county, another political subdivision, or the state.
(b) If a municipality, county, or political subdivision
furnishes improvements, services, or facilities for a housing
project, an authority may, in lieu of paying taxes or special
assessments, agree to reimburse in payments to the municipality,
county, or political subdivision an amount not greater than the
estimated cost to the municipality, county, or political
subdivision for the improvements, services, or facilities.
(c) An exemption under this section for a multifamily
residential development which is owned by (i) a public facility
corporation created by a housing authority under Chapter 303,
(ii) a housing development corporation, or (iii) a similar entity
created by a housing authority and which does not have at least
20 percent of its units reserved for public housing units,
applies only if:
(1) the authority holds a public hearing, at a regular meeting
of the authority's governing body, to approve the development;
and
(2) at least 50 percent of the units in the multifamily
residential development are reserved for occupancy by individuals
and families earning less than 80 percent of the area median
family income.
(d) For the purposes of Subsection (c), a "public housing unit"
is a dwelling unit for which the owner receives a public housing
operating subsidy. It does not include a unit for which payments
are made to the landlord under the federal Section 8 Housing
Choice Voucher Program.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2001, 77th Leg., ch. 1493, Sec. 2, eff. Aug. 31,
2002.
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, Sec. 1, eff. September 1, 2007.
SUBCHAPTER B. CREATION AND AREA OF OPERATION OF A 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.
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.
Sec. 392.013. CREATION OF A REGIONAL HOUSING AUTHORITY. (a) If
the commissioners courts of two or more contiguous counties
declare by resolution that there is a need for a housing
authority to exercise the powers of a regional housing authority
under this chapter in the counties, a regional housing authority
is created for the counties.
(b) A regional housing authority is a public body corporate and
politic.
(c) A commissioners court shall adopt a resolution declaring
that there is a need for a regional housing authority only if the
commissioners court finds that:
(1) there is unsanitary or unsafe inhabited housing in the
county or a shortage of safe or sanitary housing in the county
available to persons of low income at rentals that they can
afford; and
(2) a regional housing authority would be a more efficient or
economical administrative unit than a county housing authority to
carry out the purposes of this chapter for the county.
(d) In determining whether housing is unsafe or unsanitary, the
commissioners court shall consider the safety and sanitation of
the housing, the availability to inhabitants of light and air
space, the degree of overcrowding, the size and arrangement of
rooms, and the extent to which conditions in the housing subject
life or property to the danger of fire or other hazard.
(e) If a county housing authority has outstanding obligations,
the commissioners court may not adopt a resolution declaring a
need for a regional housing authority unless:
(1) each obligee of the county housing authority and each party
to a contract, bond, note, or other obligation of the authority
agrees to the substitution of a regional housing authority on the
contract, bond, note, or other obligation; and
(2) the commissioners of the county housing authority adopt a
resolution consenting to the transfer of the rights, contracts,
obligations, and real and personal property of the county housing
authority to a regional housing authority.
(f) Before a resolution authorized by this section may be
adopted, the commissioners court must hold a public hearing.
Before the 10th day before the date of the hearing, the county
clerk shall publish notice of the time, place, and purpose of the
hearing in a newspaper published in the county or, if no
newspaper is published in the county, in a newspaper published in
the state with general circulation in the county. At the hearing,
the commissioners court shall grant an opportunity to be heard to
residents of the county and other interested persons.
(g) In a proceeding involving the validity or enforcement of, or
relating to, a contract of a regional housing authority, proof of
an adoption of a resolution by the commissioners court of each
county in the regional housing authority that declares that there
is a need for the authority and makes the finding that the
requirements of Subsection (c) exist is conclusive evidence that
the regional housing authority is created and established as a
public body corporate and politic that is authorized to transact
business and exercise its powers under this chapter. A copy of
the resolution of a commissioners court that is certified by the
county clerk is admissible in evidence in the proceeding.
(h) When a regional housing authority is created:
(1) the rights, contracts, agreements, obligations, and property
of the county housing authority become those of the regional
housing authority;
(2) the county housing authority shall execute a deed of the
property to the regional housing authority, which shall file the
deed 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 regional housing authority.
(i) The vesting of the real property in the regional housing
authority is not contingent on compliance with the provisions of
Subsection (h)(2).
(j) At the time a regional housing authority is created, the
county housing authority in a county for which the regional
housing authority is created ceases to exist except for the
purpose of winding up its affairs and executing the deed of its
real property to the regional housing authority.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
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.
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.
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.
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.
Sec. 392.018. EXPANSION OF THE AREA OF OPERATION OF A REGIONAL
HOUSING AUTHORITY. (a) If the commissioners of a regional
housing authority, the commissioners court of each county in the
authority, and the commissioners court of a county outside the
authority each adopt a resolution declaring that there is a need
to include the county that is outside the authority in the area
of operation of the authority, the area of operation of the
authority is increased to include that part of the county not
within the territorial boundaries of a municipality.
(b) The commissioners of the authority, the commissioners court
of each county in the authority, and the commissioners court of
the county outside the authority shall adopt the resolution
required for expansion under Subsection (a) if:
(1) the commissioners court of the county outside the authority
finds that there is unsanitary or unsafe inhabited housing in the
county or a shortage of safe or sanitary housing in the county
available to persons of low income at rentals they can afford;
and
(2) the commissioners of the authority, the commissioners court
of each county in the authority, and the commissioners court of
the county outside the authority find that the regional housing
authority would be a more efficient or economical administrative
unit to carry out the purposes of this chapter if the county
outside the authority is included in the area of operation of the
authority.
(c) In determining whether housing is unsafe or unsanitary, the
commissioners court shall consider the safety and sanitation of
the housing, the availability to inhabitants of light and air
space, the degree of overcrowding, the size and arrangement of
rooms, and the extent to which conditions in the housing subject
life or property to the danger of fire or other hazard.
(d) If the housing authority of the county outside the regional
housing authority has outstanding obligations, the resolutions
required for expansion under Subsection (a) may not be adopted
unless:
(1) each obligee of the county housing authority and each party
to a contract, bond, note, or other obligation of the authority
agrees to the substitution of the regional housing authority on
the contract, bond, note, or other obligation; and
(2) the commissioners of the county housing authority and of the
regional housing authority adopt resolutions consenting to the
transfer of the rights, contracts, obligations, and real and
personal property of the county housing authority to the regional
housing authority.
(e) If an obligee whose agreement is required by Subsection
(d)(1) is unknown, the county housing authority shall publish a
notice in a newspaper of general national circulation that
states:
(1) the name of the county housing authority;
(2) the name of the regional housing authority;
(3) that the county and regional housing authorities propose
that the regional housing authority be substituted for the county
housing authority on the contracts, bonds, notes, and other
obligations of the county housing authority and that the county
housing authority be terminated; and
(4) an address where objections to the substitution may be sent.
(f) The failure to receive an objection to the substitution of
the regional housing authority on the obligations of the county
housing authority on or before the 30th day after the date of the
publication of the notice is equivalent to the unknown obligee's
consent to the substitution.
(g) Before a resolution may be adopted under this section by the
commissioners court, the court must hold a public hearing. Before
the 10th day before the date of the hearing, the county clerk
shall publish notice of the time, place, and purpose of the
hearing in a newspaper published in the county or, if no
newspaper is published in the county, in a newspaper published in
the state with general circulation in the county. At the hearing,
the commissioners court shall grant an opportunity to be heard to
residents of the county and other interested persons.
(h) When all resolutions required by Subsections (a) and (d)(2)
are adopted:
(1) the county housing authority of the county added to the area
of operation of the regional housing authority ceases to exist
except to wind up its affairs and to execute the deed to the
regional housing authority as required by Subdivision (3);
(2) the rights, contracts, agreements, obligations, and property
of the county housing authority become those of the regional
housing authority;
(3) the county housing authority shall execute a deed of the
property to the regional housing authority, which shall file the
deed with the county clerk of the county where the property is
located; and
(4) a person with rights and remedies against the county housing
authority may assert, enforce, and prosecute those rights and
remedies against the regional housing authority.
(i) The vesting of the real property is not contingent on
compliance with Subsection (h)(3).
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 392.019. EFFECT OF COOPERATION AGREEMENT ON AREA OF
OPERATION OF HOUSING AUTHORITY. Regardless of Sections 392.015
and 392.016, the area of operation of a municipal housing
authority, a county housing authority, or a regional 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.
SUBCHAPTER C. COMMISSIONERS AND EMPLOYEES
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 a tenant of a public project
over which the housing authority has jurisdiction.
(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.
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.
(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.
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.
(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.
Sec. 392.0331. APPOINTMENT OF TENANT REPRESENTATIVE AS
COMMISSIONER OF MUNICIPAL, COUNTY, OR REGIONAL HOUSING AUTHORITY.
(a) This section applies only to:
(1) a municipality; or
(2) a county that has a county housing authority or is a member
of regional housing authority and the total number of units in
the authority is more than 750.
(b) In appointing commissioners under Section 392.031, a
municipality with a municipal housing authority composed of five
commissioners shall appoint at least one commissioner to the
authority who is a tenant of a public housing project over which
the authority has jurisdiction. In appointing commissioners under
Section 392.031, a municipality with a municipal housing
authority composed of seven or more commissioners shall appoint
at least two commissioners to the authority who are tenants of a
public housing project over which the authority has jurisdiction.
(c) In appointing commissioners under Section 392.032, a county
shall appoint at least one commissioner to a county housing
authority who is a tenant of a public housing project over which
the county housing authority has jurisdiction.
(d) In appointing commissioners under Section 392.033, a county
or counties comprising a regional housing authority shall appoint
at least one commissioner to a regional housing authority who is
a tenant of a public housing project over which the regional
housing authority has jurisdiction. If more than one county
comprises a regional housing authority, the counties shall agree
to a method for appointing the tenant member to the regional
housing authority.
(e) A commissioner appointed under this section may not be an
officer or employee of the municipality or county that appoints
the commissioner.
(f) A commissioner appointed under this section may not serve
more than two consecutive two-year terms.
(g) A commissioner appointed under this section may not
participate:
(1) in any vote or discussion concerning the termination of the
commissioner's occupancy rights in public housing or the rights
of any person related in the first degree by consanguinity to the
commissioner; or
(2) in a grievance or administrative hearing in which the
commissioner or a person related in the first degree by
consanguinity to the commissioner is a party.
(h) If a commissioner appointed under this section ceases to
reside in a housing unit operated by the public housing authority
during the commissioner's term, a majority of the other
commissioners shall decide whether to request that a new
commissioner be appointed. A majority of the commissioners may
decide to allow the commissioner to serve the remaining portion
of the commissioner's term.
(i) If a commissioner appointed under this section fails to
attend three consecutive regularly called meetings of the housing
authority commissioners during the commissioner's term, a
majority of the commissioners shall decide whether to declare the
position vacant and request that a new commissioner be appointed.
A majority of the commissioners may decide to allow the
commissioner to serve the remaining portion of the commissioner's
term.
Added by Acts 1993, 73rd Leg., ch. 1009, Sec. 4, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 834, Sec. 1, eff. Aug.
28, 1995; Acts 1999, 76th Leg., ch. 175, Sec. 1, eff. May 21,
1999; Acts 1999, 76th Leg., ch. 436, Sec. 2, eff. Sept. 1, 1999.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
SUBCHAPTER D. POWERS AND DUTIES OF A HOUSING AUTHORITY
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.
Sec. 392.052. OPERATION, CONSTRUCTION, AND LEASING OF HOUSING
PROJECTS. (a) An authority may prepare, carry out, acquire,
lease, and operate a housing project in its area of operation.
(b) An authority may provide for the construction, improvement,
alteration, or repair of a housing project, or part of a housing
project, in its area of operation.
(c) An authority may arrange or contract for services,
privileges, works, or facilities for, or in connection with, a
housing project or the occupants of a housing project to be
furnished by a person or public or private agency.
(d) Without regard to another provision in this chapter or other
law, an authority may include stipulations in a contract made in
connection with a housing project that require the contractor and
subcontractors to comply with the requirements regarding minimum
wages and maximum hours of labor and with any conditions the
federal government has attached to its financial aid to the
project.
(e) An authority may lease or rent housing, land, buildings,
structures, or facilities included in a housing project at rents
established or revised, subject to the limitations of this
chapter, by the authority.
(f) An authority may take action necessary or desirable in the
undertaking, construction, maintenance, or operation of a housing
project, including action to:
(1) borrow money or accept grants or other financial assistance
from the federal government for, or in aid of, a housing project
in the authority's area of operation;
(2) take over, lease, or manage a housing project or undertaking
constructed or owned by the federal government;
(3) comply with conditions and enter into mortgages, trust
indentures, leases, or agreements that are necessary, convenient,
or desirable to accomplish the public purposes of this chapter;
(4) form a partnership or another legal entity to raise capital
for a housing project to be owned by the partnership or other
legal entity; and
(5) acquire, construct, lease, or manage commercial space
incidental to a mixed-finance housing project, as defined by 42
U.S.C. Section 1437z-7, if:
(A) the commercial space occupies less than 20 percent of the
square footage of the housing project and can reasonably be
expected to be used by the residents of the housing project; and
(B) the housing project is designed in a manner that minimizes
the noise, safety, and traffic impact of the commercial space on
the residential space.
(g) A housing project is subject to the planning, zoning,
sanitary, and building laws, ordinances, and regulations
applicable to the site of the housing project. In planning a
housing project, including site location, an authority shall
consider the relationship of the project to a larger plan or
long-range program for the development of the area within the
housing authority.
(h) Competitive bidding laws, including Chapter 271, do not
apply to an authority activity to develop a mixed-finance housing
project as defined by 42 U.S.C. Section 1437z-7, if the housing
project otherwise complies with the procurement requirements
imposed by federal law and regulations.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 677, Sec. 3, eff. Aug. 28,
1989; Acts 2001, 77th Leg., ch. 1346, Sec. 1, eff. Sept. 1, 2001;
Acts 2001, 77th Leg., ch. 1347, Sec. 1, eff. Sept. 1, 2001.
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.
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.
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.
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.
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.
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.
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.
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.
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.