I .
The Attorney General of Texas
MARK WHITE
Attorney General September 13, 1982
Honorable Ron Wilson, Chairman Opinion No. hW-515
Supreme Court Building Health Services Committee
P. 0. BOX 12548
Texas House of Representatives Re: Public hearing prior to
Austin. TX. 78711. 2548
5121475-2501
P. 0. Box 2910 approval of a site for a
Telex 9101874-1387 Austin, Texas 78769 housing authority project
Telecopier 5121475-0266
Dear Representative Wilson:
1607 Main St., Suite 1400
Dallas, TX. 75201.4709
You have inquired whether section 13a of article 1269k, V.T.C.S.,
2141742-8944 required a housing authority to give public notice for final
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 202
HOUS,O~, TX. 77002-6986
7131650-0666
806 Broadway, Suite 312 closest available facility to the site of the
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
4309 N. Tenth. Suite B leases real property within a one-fourth mile
McAlten, TX. 78501-1685 radius of the site of the proposed housing project
5121682.4547 the opportunity to comment on the proposed
project.
200 Main Plaza, Suite 400
San Antonio, TX. 78205-2797 (b) In addition to any other notice required
5121225-4191 by law, the commissioners shall post notice of the
date, hour, place, and subject of the meeting at
An Equal Opportunity1
least 30 days before the scheduled day of the
Affirmative Action Employer meeting on a bulletin board at a place convenient
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
p. 1865
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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
p. 1866
. .
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. 1867
Untitled Texas Attorney General Opinion
Combined Opinion