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

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LOCAL GOVERNMENT CODE

TITLE 12. PLANNING AND DEVELOPMENT

SUBTITLE C. PLANNING AND DEVELOPMENT PROVISIONS APPLYING TO MORE

THAN ONE TYPE OF LOCAL GOVERNMENT

CHAPTER 393. HOUSING COOPERATION AMONG MUNICIPALITIES, COUNTIES,

AND CERTAIN OTHER LOCAL GOVERNMENTS

Sec. 393.001. SHORT TITLE. This chapter may be cited as the

Housing Cooperation Law.

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

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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.

this section when it has money available for repayment.

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

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.343, eff. Sept.

1, 2001.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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