Texas Local Government Code Title 12, Chapter 392 - Housing Authorities Established By Municipalities And Counties

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 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.
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER B CREATION AND AREA OF OPERATION OF A HOUSING AUTHORITY

• Texas Section 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...
• Texas Section 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)...
• Texas Section 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)...
• Texas Section 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...
• Texas Section 392.0131 - Merger Of Certain County Housing Authorities Into Municipal Housing Authorities
  (a) This section applies only to the merger of housing authorities operating in: (1) a county that has a population of 800,000 or more and...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 392.0161 - Area Of Operation Of A Merged Housing Authority
  Notwithstanding Section 392.017(b), the area of operation of a merged housing authority is the county in which the authority is created, excluding any part of...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER C COMMISSIONERS AND EMPLOYEES

• Texas Section 392.019 - Effect Of Cooperation Agreement On Area Of Operation Of Housing Authority
  Regardless of Sections 392.015, 392.016, and 392.0161, the area of operation of a municipal housing authority, a county housing authority, a regional housing authority, or...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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)...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER D POWERS AND DUTIES OF A HOUSING AUTHORITY

• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 392.060 - Hearings
  Acting through one or more commissioners or other persons designated by the authority, an authority may: (1) conduct examinations and investigations and hear testimony and...
• Texas Section 392.061 - Eminent Domain
  (a) An authority may acquire an interest in real property, including a fee simple interest, by the exercise of the power of eminent domain after...
• Texas Section 392.062 - Reports
  (a) At least once a year, each housing authority shall file a report of its activities for the preceding year and make recommendations for additional...
• Texas Section 392.063 - Projects For Farmers Of Low Income
  (a) A county, regional, or merged housing authority may borrow money, accept grants, and exercise its powers to provide housing for farmers of low income....
• Texas Section 392.064 - Corporate Name Of Regional Housing Authority
  A regional housing authority may select an appropriate corporate name. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
• Texas Section 392.065 - Miscellaneous Powers
  An authority may: (1) sue and be sued; (2) have a seal and change the seal at will; (3) have perpetual succession; (4) make and...
• Texas Section 392.066 - Public Facility Corporation
  (a) An authority that creates a public facility corporation under Chapter 303 may, with or without consideration, for the purpose of providing affordable housing or...

SUBCHAPTER E BONDS AND OTHER OBLIGATIONS

• Texas Section 392.067 - Veterans Housing In Certain Counties
  (a) In this section, "veteran" means a person who has served on active duty in the armed forces of the United States or in the...
• Texas Section 392.081 - Authority To Issue Bonds
  (a) An authority may, by resolution, authorize the issuance of bonds in one or more series for a corporate purpose of the authority. (b) An...
• Texas Section 392.082 - Form Of Bonds
  (a) The resolution authorizing bonds of an authority, or a trust indenture or mortgage of the authority that secures the bonds, may provide: (1) the...
• Texas Section 392.083 - Sale Of Bonds
  (a) Bonds issued by an authority may be sold either at a public sale after notice is published in accordance with this section or at...
• Texas Section 392.0831 - Payment For Bonds
  Bonds issued by an authority may be sold: (1) for cash; (2) in exchange for property constituting a housing project; or (3) by any combination...
• Texas Section 392.084 - Negotiability Of Bonds
  A bond issued under this chapter is fully negotiable. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
• Texas Section 392.085 - Liability On Bonds And Other Obligations
  (a) A commissioner of an authority or a person who executes the bonds for an authority is not liable personally on the bonds due to...
• Texas Section 392.086 - Tax Exemption
  Bonds of an authority are issued for an essential public and governmental purpose and are public instrumentalities. The bonds, interest on the bonds, and income...
• Texas Section 392.087 - Pledges, Mortgages, And Covenants To Secure Bonds Or Lease Obligations
  In connection with the issuance of bonds or the incurring of obligations under a lease, an authority may make a covenant or take an action...
• Texas Section 392.088 - Certification Of Attorney General
  After the proceedings for the issuance of bonds are complete, an authority may submit to the attorney general the bonds to be issued and the...
• Texas Section 392.089 - Purchase Of Bonds By Authority
  An authority may purchase its bonds at a price not greater than the principal and accrued interest of the bonds. Bonds purchased by an authority...

SUBCHAPTER F REMEDIES

• Texas Section 392.090 - Covenant Of Regional Housing Authority Regarding Area Of Operation
  In connection with the issuance of bonds or the incurring of other obligations, a regional housing authority may make a covenant regarding limitations on its...
• Texas Section 392.101 - Remedies Of An Obligee Of The Authority
  (a) Subject to contractual restrictions binding on the obligee, an obligee of an authority may compel, by mandamus or other proceeding at law or in...
• Texas Section 392.102 - Optional Remedies Of An Obligee
  (a) By resolution, trust indenture, mortgage, lease, or other contract, an authority may confer on an obligee holding or representing a specified amount in bonds...
• Texas Section 392.103 - Exemption Of Property From Execution Sale
  (a) The real property of an authority is exempt from levy and sale by execution. An execution or other judicial process may not issue against...
• Texas Section 392.104 - Effect Of Certain Provisions On Obligee Rights Conferred By Authority
  Sections 392.004 and 392.055 do not limit the power of an authority to vest in an obligee the right, in the event of default by...

Last modified: September 28, 2016