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AN ACT
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relating to the merger of housing authorities in certain |
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municipalities and counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 392, Local Government |
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Code, is amended by adding Sections 392.0131 and 392.0161 to read as |
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follows: |
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Sec. 392.0131. MERGER OF CERTAIN COUNTY HOUSING AUTHORITIES |
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INTO MUNICIPAL HOUSING AUTHORITIES. (a) This section applies only |
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to the merger of housing authorities operating in: |
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(1) a county that has a population of 800,000 or more |
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and is located on the international border; and |
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(2) a municipality that has a population of more than |
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600,000 and less than 700,000 and is located in a county described |
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by Subdivision (1). |
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(b) If the commissioners court of a county described by |
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Subsection (a)(1) and the governing body of a municipality |
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described by Subsection (a)(2) declare by resolutions that there is |
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a need for the county housing authority to consolidate its powers |
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with the municipal housing authority under this chapter, the county |
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housing authority is merged into the housing authority for the |
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municipality. |
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(c) The commissioners court and the governing body of the |
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municipality may adopt a resolution declaring that there is a need |
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for a merger as described by Subsection (b) only if the |
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commissioners court and the governing body of the municipality each |
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find that a merged housing authority would be more efficient or |
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economical than separate county and municipal housing authorities |
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in carrying out the purposes of this chapter. |
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(d) In a proceeding involving the validity or enforcement |
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of, or relating to, a contract of a merged housing authority, proof |
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of a resolution adopted under Subsection (b) by the commissioners |
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court of the county and the governing body of the municipality is |
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conclusive evidence that the merged housing authority is authorized |
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to transact business and exercise its powers under this chapter. |
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(e) When housing authorities are merged in the manner |
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provided by this section: |
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(1) the rights, contracts, agreements, obligations, |
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and property of the county housing authority become those of the |
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municipal housing authority; |
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(2) the county housing authority shall execute deeds |
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of the property to the municipal housing authority, which shall |
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file the deeds with the county clerk of the county where the real |
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property is located; and |
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(3) a person with rights or remedies against the |
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county housing authority may assert, enforce, and prosecute those |
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rights or remedies against the municipal housing authority. |
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(f) The vesting of the real property in the municipal |
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housing authority is not contingent on compliance with Subsection |
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(e)(2). |
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(g) At the time housing authorities are merged in the manner |
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provided by this section, the county housing authority ceases to |
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exist, except for the purpose of winding up the affairs of the |
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authority and executing the deeds of real property to the municipal |
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housing authority. |
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Sec. 392.0161. AREA OF OPERATION OF A MERGED HOUSING |
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AUTHORITY. Notwithstanding Section 392.017(b), the area of |
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operation of a merged housing authority is the county in which the |
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authority is created, excluding any part of the county that is |
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within the territorial boundaries of a municipality other than the |
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municipality operating the municipal housing authority into which |
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the county housing authority was merged. |
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SECTION 2. Section 392.019, Local Government Code, is |
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amended to read as follows: |
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Sec. 392.019. EFFECT OF COOPERATION AGREEMENT ON AREA OF |
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OPERATION OF HOUSING AUTHORITY. Regardless of Sections 392.015, |
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[and] 392.016, and 392.0161, the area of operation of a municipal |
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housing authority, a county housing authority, [or] a regional |
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housing authority, or a merged housing authority may extend to and |
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include another municipality, county, or other political |
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subdivision of this state, under the terms of a cooperation |
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agreement made under Section 392.059. |
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SECTION 3. Sections 392.063(a) and (c), Local Government |
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Code, are amended to read as follows: |
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(a) A county, [or] regional, or merged housing authority may |
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borrow money, accept grants, and exercise its powers to provide |
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housing for farmers of low income. |
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(c) The owner of a farm operated, or worked on, by farmers of |
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low income in need of safe and sanitary housing may file an |
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application with a county, [or] regional, or merged housing |
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authority requesting that the authority provide safe and sanitary |
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housing for the farmers. The housing authority shall consider the |
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applications in connection with the formulation of projects or |
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programs to provide housing for farmers of low income. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2975 was passed by the House on May 8, |
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2013, by the following vote: Yeas 147, Nays 0, 2 present, not |
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voting; and that the House adopted S.C.R. No. 38 authorizing |
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certain corrections in H.B. No. 2975 on May 27, 2013, by the |
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following vote: Yeas 147, Nays 0, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2975 was passed by the Senate on May |
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22, 2013, by the following vote: Yeas 31, Nays 0; and that the |
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Senate adopted S.C.R. No. 38 authorizing certain corrections in |
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H.B. No. 2975 on May 26, 2013, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |