BILL ANALYSIS



H.B. 2230
By: T. Hunter
3-20-95
Committee Report (Unamended)


BACKGROUND
The Calhoun County Navigation District is currently governed by a
six member board, four of whom are elected from single member
districts and two of whom are elected at-large. The four single-member district commissioners are elected from the Calhoun County
commissioner's precincts. However, the Navigation District
boundaries do not include the entire county. Thus, the current
statute's practice of tying the electoral district to
commissioner's precincts runs the risk of having the navigation
commissioners elected from districts with great population
disparities. In fact, under the current Calhoun County
redistricting, one County commissioner's precinct includes only a
small portion of the Navigation District so that the navigation
commissioner is elected from a district with only a handful of
voters.

PURPOSE
This bill seeks to permit elections to the Calhoun County
Navigation District from districts of equal population.

RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sect. 2, Chapter 195, Acts of the 53rd
Legislature, Regular Session, 1953 by deleting Subparagraphs (1)
through (6) of Subsection (a) regarding the make-up of the six
navigation district commissioner's boundaries, and adding new
language, resulting in the following proposed Section 2.

(a) Provides for the six commissioners to be elected from single
member districts.

     (b) States the board shall divide the district into six
Navigation Commissioner precincts that are:
           (1) compact and contiguous; and
           (2) as nearly as practicable, of equal population.

     (c) Requires the board to complete any division of the
district into new precincts not later than the 90th day before the
election of commissioners from those precincts.

     (d) Provides that qualified voters of each precinct shall
elect one commissioner who resides in the precinct represented.

     (e) Provides that after the first election under the new Act,
the six commissioners will draw lots to determine which three will
have an initial two-year term and which three will have a four-year
term. Successor commissioners serve staggered four-year terms as
provided in Subsection (g).

Existing Subsections (b) through (f) are renumbered as ((f) through
(j).

     (f) Deletes outdated language and clarifies that if any
elected Navigation Commissioner changes residency outside of his or
her precinct, the office is declared vacant. 

     (g) Provides that Navigation Commissioners shall be elected
for staggered four year terms at elections duly called and held by
the Board of Navigation Commissioners.  Such elections shall be
held each odd-numbered year on the first Saturday in May and shall
be conducted in the manner prescribed by the Election Code.

     (h) Changes the filing deadline from the 10th day before the
date of the election to the 45th day before the date of the
election (no later than 5 p.m.)

     (i) Adds clarifying language to demonstrate that commissioners
are elected from precincts.

     (j) Retains the provision that if a vacancy occurs on the
Board, a majority of the remaining board will still appoint a
successor. For the purposes of this Act, the appointed member shall
be treated as if the member were elected.

SECTION 2. (a) Provides that the Calhoun County Navigation District
Commissioners serving as of September 1, 1995, shall continue to
serve until a new Board takes office following a May 3, 1997
election, in accordance with the provisions of this Act.

     (b) Requires the board in office on September 1, 1995, to
divide the Navigation District into six single-member commissioner
precincts no later than February 2, 1997, for use in the election
to be held May 3, 1997.

SECTION 3.  Effective date.

SECTION 4.  Emergency clause.


SUMMARY OF COMMITTEE ACTION
H.B.2230 was considered by the committee in a public hearing on
March 20, 1995.

The following person testified in favor of the bill: 
     Mr. Lawrence A. Dio, representing Calhoun County Navigation
District.
The following persons testified against the bill: None (0).
The following persons testified on the bill: None (0).

The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 6
ayes, 0 nays, 0 pnv, 0 absent.