HBA-MPA H.B. 3790 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3790
By: McClendon
Urban Affairs
3/22/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, housing authorities, in an effort to assist public housing
tenants in becoming home owners, have recruited tenants for their
entry-level jobs and have conducted lease-purchase programs.  This policy
adheres to U.S. Department of Housing and Urban Development guidelines
requiring housing authorities to make an effort to provide job
opportunities.  A recent opinion (JC0018 (1999)) by the attorney general
has rendered this practice unlawful under current law.  The opinion states
that Chapter 392 (Housing Authorities Law), Local Government Code,
"prohibits an employee of the housing authority from leasing or purchasing
a home included in a housing project administered by a related housing
corporation."  H.B. 3790 makes housing authorities' employees eligible, on
the same basis as other qualified members of the general public, for
programs assisting low-income persons. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 392.043(b), Local Government Code, to exclude
from the prohibition on an employee of a housing project having any
dealings with a housing project for pecuniary gain, contracts or agreements
entered into after January 1, 1970, to the extent approved by the board of
commissioners of the housing authority, and gives examples of programs
assisting persons of low income. 

SECTION 2.Emergency clause.
  Effective date: upon passage.