H.B. No. 2792         AN ACT   relating to housing authorities established by municipalities and   counties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 392.005(c) and (d), Local Government   Code, are amended to read as follows:          (c)  An exemption under this section for a multifamily   residential development which is owned by [(i)] a public facility   corporation created by a housing authority under Chapter 303, owned   by [(ii)] a housing development corporation, or owned by [(iii)] a   similar entity created by a housing authority and which does not   have at least 20 percent of its units reserved for public housing   units, rent-restricted units subsidized by a housing authority, or   a combination of public housing and rent-restricted units, applies   only if:                (1)  the authority holds a public hearing, at a regular   meeting of the authority's governing body, to approve the   development; and                (2)  at least 50 percent of the units in the multifamily   residential development are reserved for occupancy by individuals   and families earning less than 80 percent of the area median family   income.          (d)  For the purposes of Subsection (c), a "public housing   unit":                (1)  is a dwelling unit for which the owner:                      (A)  receives a public housing operating subsidy;   or                      (B)  received a public housing operating subsidy,   if the dwelling unit was subsequently converted through the Rental   Assistance Demonstration program administered by the United States   Department of Housing and Urban Development as specified by the   Consolidated and Further Continuing Appropriations Act of 2012   (Pub. L. No. 112-55) and its subsequent amendments; and                (2)  [. It] does not include a unit for which payments   are made to the landlord under the federal Section 8 Housing Choice   Voucher Program unless the unit was converted under the Rental   Assistance Demonstration program.          SECTION 2.  Section 392.031(b), Local Government Code, is   amended to read as follows:          (b)  A commissioner may not be an officer or employee of the   municipality.  A commissioner may be:                (1)  a tenant of a public project over which the housing   authority has jurisdiction; or                (2)  a [person who is a] recipient of housing   assistance administered through the authority's housing choice   voucher program or project-based rental assistance program.          SECTION 3.  Section 392.0331, Local Government Code, is   amended by amending Subsections (b), (b-2), (g), and (h-1) and   adding Subsection (b-3) to read as follows:          (b)  Except as provided by Subsections [Subsection] (b-1)   and (b-2), in appointing commissioners under Section 392.031, a   municipality with a municipal housing authority composed of five   commissioners shall appoint at least one commissioner to the   authority who is a tenant of a public housing project over which the   authority has jurisdiction or who is a recipient of housing   assistance administered through the authority's housing choice   voucher program or project-based rental assistance program.  Except   as provided by Subsection (b-3) [(b-2)], in appointing   commissioners under Section 392.031, a municipality with a   municipal housing authority composed of seven or more commissioners   shall appoint at least two commissioners to the authority who are   tenants of a public housing project over which the authority has   jurisdiction or who are recipients of housing assistance   administered through the authority's housing choice voucher   program or project-based rental assistance program.          (b-2)  This subsection applies only to a municipality that   has a population over 600,000 and is located adjacent to the   international border of this state. In appointing commissioners   under Section 392.031, a municipality described by this subsection   that has a municipal housing authority composed of five   commissioners shall appoint at least one commissioner to the   authority who is:                (1)  a tenant of a public housing project over which the   authority has jurisdiction; or                (2)  a recipient of housing assistance administered   through the authority's housing choice voucher program or   project-based rental assistance program.          (b-3)  In appointing commissioners under Section 392.031, a   municipality that has a population over two million and a municipal   housing authority composed of seven or more commissioners shall   appoint at least two commissioners to the authority who are:                (1)  tenants of a public housing project over which the   authority has jurisdiction; or                (2)  recipients of housing assistance administered   through the authority's housing choice voucher program.          (g)  A commissioner appointed under this section may not   participate:                (1)  in any vote or discussion concerning the   termination of:                      (A)  the commissioner's occupancy rights in   public housing;                      (B)  the commissioner's rights to housing   assistance administered through a housing choice voucher program or   a project-based rental assistance program; or                      (C)  the rights of any person related in the first   degree by consanguinity to the commissioner with respect to the   person's occupancy rights in public housing or right to receive   housing assistance administered through a housing choice voucher   program or a project-based rental assistance program; or                (2)  in a grievance or administrative hearing in which   the commissioner or a person related in the first degree by   consanguinity to the commissioner is a party.          (h-1)  If a commissioner appointed under this section as a   recipient of housing assistance administered through the   authority's housing choice voucher program or project-based rental   assistance program ceases to receive that assistance, a majority of   the other commissioners shall decide whether to request that a new   commissioner be appointed.  A majority of the commissioners may   decide to allow the commissioner to serve the remaining portion of   the commissioner's term.          SECTION 4.  This Act takes effect September 1, 2017.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 2792 was passed by the House on April   27, 2017, by the following vote:  Yeas 139, Nays 6, 2 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 2792 on May 25, 2017, by the following vote:  Yeas 133, Nays 11,   3 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 2792 was passed by the Senate, with   amendments, on May 23, 2017, by the following vote:  Yeas 20, Nays   11.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor