I
TEE ATJXBRNEY GENERAL
OF TEXAS
Arm-. -l-m WE6711
October 1. 1973
The Honorable Robert Buntyn Opinion No. H- ll4
Castro County Attorney
Dimmitt, Texas 79027 Re: Whether or .not a housing
authority created under
the provisions of 0 23a of
Article 1269k, V. T. C. S.,
could operate a project
within the city limits of
Dear Mr. Buntyn: the City of Dimmitt, Texas
Your request’for our opinion brings into focus an apparent conflict
between S § 23a and,23c of Article 1269k. Vernon’s Texas ,Civi.l Statutes,
the Housing Authorities Law. Counties are authorized by 5 23a to create
county housing authorities. The concluding sentence :of that section is:
~“The area of operation of ~a housing ~authority .~
created for a c~ounty shall include fall of the county “~.
in which it is ,created except that portion of the ; ;~ .~
county which lies within the +erritorial boundaries
of any city. ” ,, I
Section 23c of the statute, as originally enacted. author&d the
operation of regional housing authorities comprised of two or more counties.
It still does, but., as amended in 1971 (Acts 1971,. 62nd Leg., .Ch. 976,
p. 2946). it was made to read. in part:
“The area of operation of a regional housing
authority shaIl include all of the counties for
which such regional housing authority is created
and established except that portion of the counties
which lies within the territorial boundaries of any
city. Provided that a county or regional housing
authority shall not undertake any housing project
n. 548
The Honorable Robert Buntyn, page 2 (H-114)
or projects within the boundaries of any city unless
a resolution shall have been adopted by the govern-
ing body of such city (and also by any housing autho-
rity which shall have been theretofore established
and authorized to exercise its powers in such city)
declaring that there is a need for the county or
regional housing authority to exercise its powers
within such city. ”
The ~amending act is entitled in part: “An Act Relating to the Area
of Operation of a County:or Regional Housing Authority. . . . ‘I
Inour opinion, §.23a of Article 1269k is not inconsistent with the
provisions ~of the ,amended $ 2 3c. Normally a county housing authority may
not operate within the limits of a city. However, a county housing authority
may.undertake a housing project within’the boundaries of a city if the govern-
ing bodies. of. the city and of any housing authority theretofore established
within the city shall have adopted a resolution declaring that there is a need
for .the county housing authority to exercise its powers within the city.
Since your ,letter refers to the existence of a,housing project within
the City.of Dimmitt at’the present time , we assume that there is an existing
housing authority .within such city. Therefore, for a county housing autho-
rity to take over’ the!.existing ‘project would require a resolution of the
governing body of the City of Dimmitt and also of the Dimmitt Housing Autho-
rity declaring the need of a- Castro County Housing Authority there to exercise
its Rowerswithin the city.
Our construction of the statute is reinforced by the adoption in 1971
of the Interlocal Cooperation Act [Article 4413 (32c), V. T. C. S. I, the pur-
pose of which is “to improve the efficiency and effectiveness of local gov-
ernments by authorizing the fullest possible range of intergovernmental
contracting authority at the local level, including contracts between counties
and cities. . 1. . ”
SUMMARY
Under 5 23c of Article 1269k. Vernon’s Texas
Civil Statutes, a county housing authority is authorized
-- 5
The Honorable Robert Buntyn, page 3 (H-114)
to exercise its authority within the boundaries of
a city provided both the city government, as well
as the governing body of any housing authority
existing within the city, adopt resolutions declaring
a need for the county housing authority to so exer-
cise its powers within the city.
Very truly yours,
,APPROVpD:
u J&N L. HILL
Attorney General of Texas
DAVID hf. KENDALL. Chairman
Opinion Committee