Case Information
*1 The Attorney General of Texas MARK WHITE September 13, 1982 Attorney General Opinion No. hW-515
Honorable Ron Wilson, Chairman Supreme Court Building Health Services Committee P. 0. BOX 12548 Texas House of Representatives Re: Public hearing prior to Austin. TX. 78711. 2548 P. 0. Box 2910 approval of a site for a 5121475-2501 Austin, Texas 78769 housing authority project Telex 9101874-1387 Telecopier 5121475-0266 Dear Representative Wilson: 1607 Main St., Suite 1400
You have inquired whether section 13a of article 1269k, V.T.C.S., Dallas, TX. 75201.4709 required a housing authority to give public notice for final 2141742-8944 authorization of the construction of housing projects, if the vote for final authorization was held after September 1, 1981. Section 13a, 4824 Alberta Ave., Suite 160 which was effective September 1, 1981, states as follows: El Paso. TX. 799052793 915/533-3484 1220 Oaks Ave., Suite
HOUS,O~, TX. 77002-6986 7131650-0666 closest available facility to the site of the
806 Broadway, Suite 312 Lubbock, TX. 79401-3479 proposed project. At least a majority of the 8061747-5238 CCltlUlliSSiOnSrS must attend the meeting. The
commissioners shall give any person who owns or leases real property within a one-fourth mile 4309 N. Tenth. Suite B radius of the site of the proposed housing project McAlten, TX. 78501-1685 5121682.4547 the opportunity to comment on the proposed
project. 200 Main Plaza, Suite 400 (b) In addition to any other notice required San Antonio, TX. 78205-2797 by law, the commissioners shall post notice of the 5121225-4191
date, hour, place, and subject of the meeting at least 30 days before the scheduled day of the An Equal Opportunity1 meeting on a bulletin board at a place convenient Affirmative Action Employer to the public in the county courthouse of the
county in which the proposed project is to be located and on a bulletin board at a place convenient to the public in the city hall if the proposed project is to be located within the boundaries of an incorporated city. The commissioners shall have a copy of the notice P. 1864
Honorable Ron Wilson - Page 2 (m-515)
published in a newspaper or newspapers that individually or collectively provide general circulation to the county in which the proposed project is to be located. The notice must be published one time at least 30 days before the scheduled day of the meeting. The commissioners shall mail a notice containing the same information 30 days before the date of the meeting to any person who owns real property within one-fourth of a mile radius of the site of the proposed project. The commissioners may rely on the most recent county tax roll for the names and addresses of the owners. The commissioners shall also have posted at the proposed project site 30 days before the date of the meeting a sign having dimensions no smaller than four feet by four feet and bearing in eight-inch letters a caption stating 'Site of Proposed Housing Project.' The sign shall be located at a point on the proposed project site visible from a regularly travelled thoroughfare and shall state the nature of the project, the location of the project, the names and addresses of all governmental entities involved in the development of the proposed project, and the date, time, and place of the public meeting.
Cc) An incorporated city or town or other political subdivision of the State may not issue a permit, certificate, or other authorization for the construction or occupancy of a housing project under this Act unless the housing authority has complied with the requirements of this section.
(Emphasis added). "Housing project" is defined by article 1269k, V.T.C.S., as follo"s:
'Housing Project' shall mean a*Y work or undertaking: (1) to demolish, clear, or remove buildings from any slum area; such work or undertaking may embrace the adaption of such area to public purposes, including parks or other recreational or community purposes; or (2) to provide decent, safe, and sanitary urban or rural dwellings, apartments, or other living accommodations for persons of low income; such work or undertaking may include buildings, land, equipment, facilities, and other real or personal *3 Honorable Ron Wilson - Page 3 (MW-515)
property for necessary, convenient, or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administra- tive, community, health, recreational, educa- tional, welfare, or other purposes; or (3) to accomplish a combination of the foregoing. The term 'housing project' also may be applied to the planning of the buildings and improvements, the acquisition of p=op==ty, the demolition of existing structures, the construction, recon- struction, alteration, and repair of the improvements and all other work in connection therewith.
You state as follows in your letter requesting the opinion:
Let us assume that for an unspecified purpose a housing authority purchased real property before the effective date of section 13a; that after the effective date, the commissioners of the housing authority first voted to locate a housing project on the property; and that after this vote the commissioners authorized the construction of a housing project on the property.
You ask the following specific questions concerning this situation:
(1) Does a housing authority's purchase of real property for an unspecified purpose constitute approval of a site for a housing project?
(2) If your answer to the first question is in the negative, what action by a housing authority constitutes approval of a site for a housing project?
(3) If your answer to the first question is in the negative, does the prohibition established by section 13a of the Housing Authorities Law apply to a housing authority that acts in accordance with the previously described assumptions?
Under the statute, the relevant inquiry is as follows: when did the housing commissioners approve the site for a housing project? The requirements of section 13a must be complied with prior to such approval. We cannot resolve disputed fact questions in the opinion process. However, on the assumed facts you have presented, the *4 . Honorable Ron Wilson - Page 4 (Ml+515)
approval of the site for the housing project occurred after the effective date of section 13a and the requirements of that provision would have been applicable.
A housing authority has the power to provide for the construction of a housing project. Sec. 8(b). This power may be exercised by the housing commissioners acting as a body, in accordance with relevant procedures set out in the statute and bylaws. Sets. 5, 8(a). We believe the official act by which the housing commissioners approve a site for a housing project must be reasonably recognizable as such action. The purchase of land without any indication that it would become the site for a housing project would not in itself constitute such approval. The commissioners could in theory have purchased land for its own administrative uses, and only later decided to use it for a housing project.
SUMMARY Section 13a of article 1269k, V.T.C.S., requires a housing authority to give public notice for approval of a site for a housing project if the approval occurred after September 1, 1981.
MARK WHITE Attorney General of Texas JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Susan L. Garrison
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Jon Bible
Rick Gilpin
Patricia Hinojosa
Jim Moellinger
Bruce Youngblood
P.