Paxton, 072720 TXAGO, AGO RQ-0366-KP
|Docket Nº:||AGO RQ-0366-KP|
|Case Date:||July 27, 2020|
■ its property is public property used for essential public and governmental purposes (Sec. 392.005(a));
■ it has a territorial area of operation (Sec. 392.014);
■ it is authorized to conduct hearings, administer oaths, issue subpoenas, and make findings and recommendations regarding a building or property where conditions exist that are dangerous to the public health, morals, safety, or welfare available to appropriate agencies (Sec. 392.060); and
■ it has the power of eminent domain (Sec. 392.061(a)).A housing authority is a governmental unit and can only act to promote a public purpose A housing authority exercises public and essential governmental functions and has the powers necessary or convenient to accomplish the purposes and provisions of the Housing Authorities Law. Sec. 392.051(a). While a housing authority may take actions only to the extent “necessary or convenient to the exercise of the authority's powers.” Sec. 392.065(4). The powers of an authority are vested in the commissioners of the authority, and an authority may delegate a power or duty to an agent or employee as it considers proper. Sec. 392.051(b) and (c). Therefore, it would appear then that an authority can only delegate a power or duty it possesses and cannot otherwise act through a third party to perform acts the authority cannot do...
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