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


Office of House Bill AnalysisC.S.H.B. 3790
By: McClendon
Urban Affairs
3/29/1999
Committee Report (Substituted)



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."  C.S.H.B. 3790 makes housing authorities' employees eligible
for housing programs, on the same basis as other qualified members of the
general public. 

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, Local Government Code, by adding
Subsection (f) and (g), to authorize an employee of a housing authority to
enter into contracts or agreements for certain enumerated housing programs
to the same extent as a member of the public if the employee qualifies for
assistance under the program.  Defines "Section 8 housing assistance."
Makes a conforming change. 

SECTION 2.  Makes application of Section 392.043(f) (Interested Employees),
Local Government Code, as amended by this Act prospective for offenses
which have not received a final conviction. 

SECTION 3.Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

This substitute differs from the original in SECTION 1 by adding new
Subsections (f) and (g), to Section 392.043, to authorize an employee of a
housing authority to enter into contracts or agreements for certain
enumerated housing programs to the same extent as a member of the public if
the employee qualifies for assistance under the program, and to define
"Section 8 housing assistance," rather than amending Subsection (b) to
exclude employees of a housing authority from a prohibition on such
participation.  This substitute deletes the phrase "for persons of low
income" which was used to describe the housing programs in the original. 

This substitute differs from the original by adding a new SECTION 2 to add
a provision making application of Section 392.043(f), Local Government
Code, as amended by this Act prospective for offenses which have not
received a final conviction.  SECTION 2 of the original is redesignated as
SECTION 3 of the substitute.