Opinion

Untitled Texas Attorney General Opinion

Court
Texas Attorney General Reports
Filed
Jul 2, 1966
Status
Published
On the bench
Waggoner Carr
Cited by
0 cases
Authority
More cited than 3.5%

The opinion

Honorable R. L. Lattlmore Opinion BO. c-760

Criminal District Attorney

Hidalgo County Courthouse Rs: Whether or not the

Edinburg, Texas approval of the Com-

missioners’ Court Is

necessary before the

Housing Authority of

Hidalgo County may sell

surplus real estate

owned by the Authority,

Dear Sir: and related question.

You have requested an opinion of this office on the

following questions:

“1; If the subject property is declared

surplus by the Rousing Authority,

does it revert to HidalgO CQunty

which may then sell it in accord-

ance with the provisions set out

in Article 1577, V.A.C.S.4

“2. Should it be determined that the

property does not revert to Hidalgo

County,’ since the Housing Authority

o$’ Ridalgo ‘County, Texas, is a divi-

sion of Hidalgo County existing only

with the consent of the county, what

procedure should be followed in the

sale of the property described above?”

The property described in your opinion request is

real property, deeded, by quit claim without warranty,~ to the

Housing Authority of the County of Hidalgo by the Public

Housing Administration. No reverter clauses were inserted

in said deed.

Seation 230 of Article 1269k, Vernon’s.Civi.1 Statutes,

provides as follower ,i ‘~,

“In each county of the State there is here-

by created a public body corporate and politic

to be known as the ‘Housin Authority! of the

-36th

Honorable R. L. Lattimore, page 2 (c-760)

county; provided, however, that such housing

authority shall not transact any business or

exercise its powers hereunder until or unless

the Commissioners Court of such county, by proper

resolution shall declare at any time hereafter that

there is need for a housing authority to function

in such county, which declaration shall be made by

such Commissioners Court for such county in the same

manner and subject to the same conditions as the

declaration of the governing body of a city required

by Section 4 of the Housing Authorities Law for the

purpose of authorizing a housing authority created

for a city to transact business and exercise its

powers (except that the petition referred to in said

Section 4 shall be signed by one hundred qualified

voters and residents of such county).

"The commissioners of a housing authority

created for a county may be appointed and removed

by the Commissioners Court of the county in the

same manner as the commissioners of a housing

authority created for a city may be appointed

and removed by the Mayor, and except as otherwise

provided herein, each housing authority created

for a county and the commissioners thereof, with-

in the area of operation of such housing authority

as hereinafter defined, shall have the same func-

tions, rights, powers, duties; immunities, privi-

leges, and limitations provided for housing author-

ities created for cities and the commissioners of

such housing authorities, in the same manner as

though all the provisions of law applicable to

housing authorities created for cities were ap-

plicable to housing authorities created for coun-

ties; provided, that for such purposes the term

‘Mayort or 'governing body' as used in the Housing

Authorities Law shall be construed as meaning

'Commissioners Court', and the term 'city' as

used thereinshall be construed as meaning 'county'

unless a different meaning clearly appears from

the context; and provided further that a housing

authority created for a county shall not be sub-

ject to the limitations provided in clause,(c) of

Section 10 of the Housing Authorities Law with re-

spect to housing projects for farmers of low in-

come.

"The area of operation of a housing authority

created for a county shall include all of the

-3658-

.

Honorable R. L. Lattimore, page 4 (c-760)

state.'

The court in Townsend v. The Housing Authority of

City of Dallas, 277 S.W.2d 211 (Tex.Civ.App., 1954, error

ref. n.r.e.) upheld the Housing Authority's right to sell

land previously purchased under general warranty deed without

restriction, when subsequently the Housing Authority deter-

mined that the land, so acquired was excess land and no

longer required for the housing project for which it was

originally purchased. A similiar result was reached in

Vilbig v. Housing Authority of Dallas, 287 S.W.2d 323 (Tex.

Civ.App. 1996 error ref. n.r.e.). In both of the above

cases, it was the Housing Authority, not the City of Dallas,

which disposed of the excess land.

In Miers v. Housing Authority of Dallas, 266 S.W.2d

487 (Tex.Civ.App., 1954 fi d questions on other points,

266 S.W.2d 842, 153 Tex!'2$?&$), it was held:

11

Appellee is a body corporate and

politic. ' iousing Authority of City of Dallas

v. Higginbotham 135 Tex. 158, 143 S.W.2d,79

Syl. 15, page 88,130 A.L.R. 1053. It is a

division of the City of Dallas and exists only

with the consent of the City of Dallas. Con-

sequently it did not have to deposit twice

the amount of the award, or make bond."

Likewise, in Aetna Casualty and Surety Company v.

Glidden co., 283 S.W.2d 440 (Tex.Civ.App., 1955); reversed

on other grounds), 291 S.W.2d 315, (Tex.Sup. 1956)! Ftwas

held that the Housing Authority of the City of Borger was

a division of the city. The court considered the Housing

Authority an agent of the City of Borger. Consequently, the

Housing Authority came within the terms of Article 5160,

Vernon's Civil Statutes, since the "words 'any municipality'

as used in said statute included Housing Authorities created

under Article 1269k."

A prior opinion of this office, No. O-6339 (1945),

held that vehicles operated by Housing Authorities of Texas

Cities were not eligible to receive exempt license plates

under Article 6675a-3, Vernon's Civil Statutes. The above

statute exempted vehicles used exclusively by the U.S. Govern-

ment, the State of Texas, counties, cities, or school dis-

tricts. In light of the holding that a housing authority is

a division of a city or county as the case may be, we hereby

overrule Opinion NO. O-6339.

It is well estab1i~;;~Oi.nTexas that a special

. I

Honorable R. L. Lattimore, page 3 (c-760)

county in which it is created except that portion

of the county which lies within the territorial

boundaries of any city."

Consequently, case rulingsaffecting city housing

authorities must also be.-appliedto county housing authorities,

as well as the prior sections of Article 1269k.

Section 8 of Article 1269k provides in part:

"An authority shall constitute a public body

corporate and politic, exercising public and

essential governmental functions, and having all

the powers necessary or convenient to carry out

and effectuate the purposes and provisions of this

Act, including the following powers in addition

to othersherein granted:

11

. . .

"(d) To lease or rent any dwellings, houses,

accommodations, lands, buildings, structures, or

facilities embraced in any housing project and

(subject to the limitations contained in this Act)

to establish and revise the rents or charges there-

for; to own, hold, and improve real or personal

property; to purchase, lease, obtain options upon,

acquire by gift, grant, bequest, devise, or other-

wise any real or personal property or any interest

therein; to acquire by the exercise of the power

of eminent domain any real property; to sell, lease,

exchange, transfer, assign, pledge, or disposesof

any real or personal property or any interest there-

in to insure or provide for the insurance of any

real or personal property or operations of the

authority against any risks or hazards; to procure

insurance or guarantees from the Federal Govern-

ment of the payment of any debts or parts thereof

(whether or not incurred by said authority) se-

cured by mortgages on any property included in

any of its housing projects.

11

. . .

"(h) To exercise all or any part or com-

bination of powers herein granted. No pro-

visions of law with respect to the acquisition,

operation, or disposition of property by other

public bodies shall be applicable to an authority

unless the Legislature shall specifically so

-3hSY.-

Honorable R. L. Lattimore, page 5 (c-760)

statute will control over a general statute on the same sub-

ject. Harris County Drainage Dist. No. 12 vs. City of Houston,

35 S.W.-2d 18 C A 3 )* Frass vs. Darrouzett Inde-

pendent Sc~ool'D?~ri%"2$ k.6. 751 [Tex.Civ.App., 1925,

error dism.). In the l:tter case, the court held the provi-

sions of a special act allowing the School District to levy

and collect a tax would control over a general statute which

allowed the county to act as the taxing authority. In the

present instance, Article 1269k is a special statute granting

various enumerated powers to the housing authority and is con-

trolling to that extent.

After a thorough study of Article 1269k and the

above cited cases, it is the opinion of this office that the

Housing Authority of Hidalgo County may by resolution of its

Commissioners declare such property excess property. Such

property will not revert to Hidalgo County. Furthermore, the

Legislature specifically granted the Housing Authority the

right to sell property which it has acquired and such right

may not be impaired or restricted by the Commissioners Court

of Hidalgo County. However, since the Housing Authority of

Hidalgo County is a division of Hidalgo County and since

Article 1269k does not provide a procedure for the sale of

excess property, it is the further opinion of this office

that the excess property must be sold in accordance with

Article 1577, Vernon's Civil Statutes, insofar as that stat-

ute relates to public auction, notice and conveyance, and

appointment of the commissioner by the Commissioners Court.

Just as the Housing Authorities may receive the benefit of

statutes applying to cities and counties, so they must com-

ply with the statutes applying to cities and counties where

such statutes do not conflict with the powers granted to

them in Article 1269k.

SUMMARY

-------

The commissioners of the Housing Authority

of Hidalgo County may declare the subject pro-

perty excess by resolution and sell said property

in accordance with the terms of Article 1577,

Vernon's Civil Statutes, insofar as the terms

of Article 1577 do not conflict widththe powers

granted the Housing Authority in Article 1269k,

Vernon's Civil Statutes. The property will not

revert to Hidalgo County, and the Commissioners

Court of Hidalgo County may not exercise any

control over the disposition of the property.

In view of the decisions of the Courts of

-3661-

-,. .

Honorable R. L. Lattimore, page 6 (c-760)

Civil Appeals holding that a Housing Authority

is a division of the city, Attorney General's

Opinion No. 0-6339 is hereby overruled.

Very truly yours,

WAGGONER CARR

Attorney General of Texas

By:

Wade Anderson

Assistant Attorney General

WA:mh

APPROVED)

OPINION COMMITTBE

W. V. Geppert, Chairman

James McCoy

John Reeves

W. E. Allen

Linward Shivers

APPROVEDFOR THRATTORNEXGRRERAL

By: T. B. Wright

-3662-

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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