The Laws of Texas, 1937-1939 [Volume 31] Page: 207 of 1,313
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FORTY-FIFTH LEGISLATURE-SECOND CALLED SESSION 1929
by one hundred (100) qualified voters and residents of the city,
make a determination as to whether or not there is need for
an authority to function in the city.
"The governing body shall adopt a resolution declaring that
there is need for a housing authority in the city, if it shall find
(a) that insanitary or unsafe inhabited dwelling accommodations
exist in such city or (b) that there is a shortage of safe
or sanitary dwelling accommodations in such city available to
persons of low income at rentals they can afford. In determining
whether dwelling accommodations are unsafe or insanitary
said governing body may take into consideration the degree of
overcrowding, the percentage of land coverage, the light, air,
space, and access available to the inhabitants of such dwelling
accommodations, the size and arrangement of the rooms, the
sanitary facilities, and the extent to which conditions exist in
such buildings which endanger life or property by fire or other
causes.
"In any suit, action, or proceeding involving the validity or
enforcement of or relating to any contract of the authority, the
authority shall be conclusively deemed to have become established
and authorized to transact business and exercise its powers
hereunder upon proof of the adoption of a resolution by the
governing body declaring the need for the authority. Such resolution
or resolutions shall be deemed sufficient if it declares
that there is such need for an authority and finds in substantially
the foregoing terms (no further detail being necessary)
that either or both of the above enumerated conditions exist in
the city. A copy of such resolution duly certified by the clerk
shall be admissible in evidence in any suit, action, or proceeding.
"Sec. 5. Appointment, Qualifications, and Tenure of Commissioners.
When the governing body of a city adopts a resolution
as aforesaid, it shall promptly notify the Mayor of such adoption.
Upon receiving such notice, the Mayor shall appoint five (5)
persons as commissioners of the authority created for said city.
Two (2) of the commissioners who are first so appointed shall
be designated to serve for terms of one year and the remaining
commissioners shall be designated to serve for terms of two (2)
years, respectively, from the date of their appointment, but
thereafter commissioners shall be appointed as aforesaid for
a term of office of two (2) years except that all vacancies shall
be filled for the unexpired term. No commissioner of an authority
may be an officer or employee of the city for which the
authority is created. A commissioner shall hold office until his
successor has been appointed and has qualified. A certificate
of the appointment or reappointment of any commissioner shall
be filed with the clerk and such certificate shall be conclusive evidence
of the due and proper appointment of such commissioner.
A commissioner shall receive no compensation for his services,
but he shall be entitled to the necessary expense, including
traveling expenses, incurred in the discharge of his duties.
"The powers of each authority shall be vested in the commis-
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1937-1939 [Volume 31], book, 1939; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth18824/m1/207/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .