2005 Texas Local Government Code CHAPTER 393. HOUSING COOPERATION AMONG MUNICIPALITIES, COUNTIES, AND CERTAIN OTHER LOCAL GOVERNMENTS

LOCAL GOVERNMENT CODE

CHAPTER 393. HOUSING COOPERATION AMONG MUNICIPALITIES, COUNTIES, 
AND CERTAIN OTHER LOCAL GOVERNMENTS


	§ 393.001. SHORT TITLE.  This chapter may be cited as the 
Housing Cooperation Law.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 393.002. LEGISLATIVE FINDINGS;  PURPOSE.  (a) The 
legislature has found in the Housing Authorities Law (Chapter 392) 
that:
		(1)  unsafe and unsanitary housing conditions exist in 
this state for persons of low income;
		(2)  there is a shortage of safe and sanitary dwellings 
for those persons;  
		(3)  those conditions require excessive and 
disproportionate expenditures of public funds for crime prevention 
and punishment, public health and safety, fire and accident 
protection, and other public services and facilities;  and
		(4)  the public interest requires the remedying of 
those conditions.        
	(b)  The legislature finds and declares that:                                  
		(1)  the assistance provided under this chapter to 
remedy the conditions described in the Housing Authorities Law 
constitutes a public purpose and an essential governmental function 
for which public money may be spent and other aid given;
		(2)  it is a proper public purpose for a public body to 
aid a housing authority that operates within the boundaries or 
jurisdiction of the public body or to aid a housing project within 
its boundaries or jurisdiction because the public body derives 
immediate benefits and advantages from the authority or project;  
and
		(3)  this chapter is necessary in the public interest.                        

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 393.003. DEFINITIONS.  In this chapter:                                   
		(1)  "Federal government" includes the United States, 
the United States Department of Housing and Urban Development, or 
any other agency or instrumentality, corporate or otherwise, of the 
United States.
		(2)  "Governing body" means the council, commissioners 
court, board, or other body that is in charge of the fiscal affairs 
of a public body.
		(3)  "Housing authority" means an authority created 
under the Housing Authorities Law (Chapter 392).
		(4)  "Housing project" means a work or other 
undertaking of a housing authority in accordance with the Housing 
Authorities Law or any similar work or other undertaking of the 
federal government.
		(5)  "Public body" means a municipality or municipal 
corporation, county, commission, district, authority, or other 
subdivision or public body of the state.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 393.004. POWERS OF PUBLIC BODY RELATING TO HOUSING 
PROJECTS.  To aid and cooperate in the planning, undertaking, 
construction, or operation of a housing project located within its 
jurisdiction, a public body may, on terms established by the public 
body:
		(1)  dedicate, sell, convey, or lease any of its 
property to a housing authority or to the federal government;
		(2)  provide that parks, playgrounds, other 
recreational facilities, community facilities, educational 
facilities, water facilities, sewer facilities, or drainage 
facilities, or other works that it has the power to undertake, be 
furnished adjacent to or in connection with a housing project;
		(3)  furnish, dedicate, close, pave, install, grade, or 
plan streets, roads, alleys, sidewalks, or other places that it has 
the power to undertake;
		(4)  plan or zone any part of the public body and, in 
the case of a municipality, change its map;
		(5)  make exceptions to building regulations or 
ordinances;                 
		(6)  enter agreements for any period with a housing 
authority or the federal government relating to action to be taken 
by the public body under the powers granted by this chapter;
		(7)  enter agreements relating to the exercise of power 
by the public body relating to the repair, elimination, or closing 
of unsafe, unsanitary, or unfit dwellings;
		(8)  provide for the furnishing of services to a 
housing authority of the type the public body has power to furnish;
		(9)  purchase or invest in bonds issued by a housing 
authority;             
		(10)  exercise the rights of a bondholder in relation 
to any bonds purchased under Subdivision (9);  or
		(11)  take other action necessary or convenient to aid 
and cooperate in the planning, undertaking, construction, or 
operation of a housing project.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 393.005. RESTRICTION ON CERTAIN HOUSING PROJECT 
CHANGES.  A public body may not require changes to be made with 
respect to a housing project that a housing authority has acquired 
or taken over from the federal government and that the housing 
authority by resolution has found and declared to have been 
constructed in a manner that promotes the public interest and 
affords the necessary safety, sanitation, and other protection.  
The public body may not require changes to be made in the manner of 
the construction of the project and may not take other action 
relating to that construction.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 393.006. PAYMENT OF EXPENSES;  CONVEYANCE POWERS.  (a) 
A public body may incur the entire expense of any public improvement 
made by the public body in exercising powers under this chapter.
	(b)  A public body may sell, convey, lease, or make an 
agreement under this chapter without appraisal, public notice, 
advertisement, or public bidding.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 393.007. PAYMENT CONTRACTS.  (a) In connection with a 
housing project located wholly or partly within its jurisdiction, a 
public body may contract with a housing authority or with the 
federal government relating to any amounts that the housing 
authority or the federal government agrees to pay to the public body 
during the contract period for the improvements, services, and 
facilities furnished by the public body for the benefit of the 
housing project.  The amount of those payments may not exceed the 
estimated cost to the public body of the improvements, services, or 
facilities.
	(b)  The absence of a contract for those payments does not 
relieve the public body from the duty to furnish for the benefit of 
the housing project the customary improvements and any services and 
facilities that the public body usually furnishes without a service 
fee.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 393.008. LOANS TO HOUSING AUTHORITY.  (a) When a 
housing authority that is created for a municipality becomes 
operative, the governing body of the municipality shall immediately 
estimate the amount necessary for the administrative expenses and 
overhead of the housing authority during its first year of 
operation.  The governing body shall appropriate that amount to the 
authority from money in the municipal treasury that is not 
appropriated for other purposes.  The governing body shall pay that 
amount to the housing authority as a loan.
	(b)  Any municipality located wholly or partly within the 
area of operation of a housing authority may lend or agree to lend 
money to the housing authority at any time.
	(c)  The housing authority shall repay loans made to it under 
this section when it has money available for repayment.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 393.009. POWERS AUTHORIZED BY RESOLUTION.  (a) The 
exercise by a public body of the powers granted under this chapter 
may be authorized by a resolution of its governing body adopted by a 
majority of the members of the governing body who are present at a 
meeting.  The resolution may be adopted at the meeting at which it 
is introduced, and the resolution takes effect immediately.  
However, the exercise of the powers is subject to the conditions 
prescribed by Section 393.010.
	(b)  The resolution is not required to be laid over, 
published, or posted.   

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 393.010. NOTICE OF PROPOSED ACTION;  PETITION;  
ELECTION.  (a) An action authorized by this chapter may not be 
consummated until the governing body of the public body gives 
notice of its intention to enter into a cooperation agreement with a 
housing authority.  A copy of the notice must be published at least 
twice in the officially designated newspaper, if any, of the public 
body.  The notice must state that at the expiration of 60 days the 
governing body will consider the question of whether to enter into a 
cooperation agreement.
	(b)  If, during the 60-day period, a petition signed by at 
least 2,000 of the qualified voters of the public body or by at 
least five percent of the qualified voters of the public body is 
presented to the governing body requesting that an election be held 
on the question, and if the petition is determined to have been 
signed by the requisite number of qualified voters, the governing 
body shall order an election to be held in the public body on the 
question.  Two weeks' notice of the election must be given in the 
manner required by law for elections on the question of issuing 
tax-supported bonds.  If a majority of the votes received in the 
election favor the cooperation agreement, the governing body shall 
execute the agreement.
	(c)  The governing body may also order such an election on 
its own motion.  If a majority of the votes received in the election 
favor the cooperation agreement, the governing body may execute the 
agreement.
	(d)  If the governing body fails or refuses to give notice of 
its intention to enter a cooperation agreement with a housing 
authority or fails or refuses to submit the question to an election 
as provided by Subsection (c), then, on filing of a petition 
demanding an election and signed by at least 2,000 of the qualified 
voters of the public body or by at least five percent of the 
qualified voters of the public body, the governing body shall order 
an election to be held in the public body for the purpose of 
submitting a proposition for the approval of the cooperation 
agreement.  If a majority of the votes received in the election 
favor the cooperation agreement, the governing body may execute the 
cooperation agreement.
	(e)  The laws relating to elections for the issuance of 
municipal or county bonds as prescribed by Chapter 1251, Government 
Code, apply to an election covered by this section unless those laws 
are inconsistent with this section or are superseded by the 
Election Code.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 2001, 77th Leg., ch. 1420, § 8.343, eff. Sept. 1, 2001.