HBA-TYH C.S.S.B. 1185 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 1185
By: Madla
Urban Affairs
4/26/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, each city is only authorized to appoint five commissioners to
the municipal housing authority.  However, many cities have appointed ex
officio members in order to broaden representation on the authority.
C.S.S.B. 1185 establishes the permissible number of commissioners of
certain public housing authorities and specifies the length of terms. 

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 392.031(a), Local Government Code, to require
each municipal housing authority to be governed by five, seven, nine, or 11
commissioners, rather than only five commissioners.  Makes a conforming
change. 

SECTION 2.  Amends Section 392.0331(b), Local Government Code, to require a
municipality with a municipal housing authority composed of five
commissioners, in appointing commissioners under Section 392.031
(Appointment of Commissioners of a Municipal Housing Authority), to appoint
at least one commissioner to the authority who is a tenant of a public
housing project over which the authority has jurisdiction.  Requires a
municipality with a  municipal housing authority composed of seven or more
commissioners, in appointing commissioners under Section 392.031, to
appoint at least two commissioners to the authority who are tenants of a
public housing project over which the authority has jurisdiction. 

SECTION 3.  Amends Section 392.034, Local Government Code, to require two
of the original commissioners of a county housing authority, rather than a
municipal or county housing authority, to be designated to serve one-year
terms from the date of their appointment. Sets forth the length of terms
the original commissioners of a municipal housing authority shall serve.
Provides that all subsequent municipal housing commissioners are appointed
for two-year terms.  Makes conforming changes. 

SECTION 4.  Requires the presiding officer of the governing body of a
municipality entitled to make appointments to a municipal housing authority
under this Act to make the appropriate appointments as soon as practicable
after the effective date of this Act. 

SECTION 5.  Effective date: September 1, 1999.

SECTION 6.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original bill by adding a new SECTION 2 and
redesignating SECTIONS 2-5 in the original to SECTIONS 3-6. 

The substitute modifies the original bill in SECTION 2, as follows:
 
SECTION 2.  Amends Section 392.0331(b), Local Government Code, to require a
municipality with a municipal housing authority composed of five
commissioners, in appointing commissioners under Section 392.031, to
appoint at least one commissioner to the authority who is a tenant of a
public housing project over which the authority has jurisdiction.  Requires
a municipality with a  municipal housing authority composed of seven or
more commissioners, in appointing commissioners under Section 392.031, to
appoint at least two commissioners to the authority who are tenants of a
public housing project over which the authority has jurisdiction.