H.B. No. 2230
1-1 AN ACT
1-2 relating to the election of commissioners of the Calhoun County
1-3 Navigation District.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2, Chapter 195, Acts of the 53rd
1-6 Legislature, Regular Session, 1953, is amended to read as follows:
1-7 Sec. 2. (a) The District shall be governed by a Board of
1-8 six Navigation Commissioners, each of whom shall be elected from a
1-9 separate precinct by the voters of the precinct in accordance with
1-10 this section.
1-11 (b) The Board shall from time to time divide the district
1-12 into six Navigation Commissioner precincts that are:
1-13 (1) compact and contiguous; and
1-14 (2) as nearly as practicable, of equal population.
1-15 (c) The Board shall complete any division of the district
1-16 into new precincts not later than the 90th day before the election
1-17 of commissioners from those precincts.
1-18 (d) The qualified voters of each precinct shall elect one
1-19 commissioner who resides in the precinct represented.
1-20 (e) At the first election after a division of the district
1-21 into new precincts, six commissioners shall be elected. The
1-22 commissioners shall draw lots after election to select three
1-23 commissioners to serve two-year terms and three commissioners to
1-24 serve four-year terms. Successor commissioners serve staggered
2-1 four-year terms as provided by Subsection (g). <Board of six (6)
2-2 Navigation Commissioners as follows:>
2-3 <(1) One member, whose office shall be designated as
2-4 "Navigation Commissioner Number One," shall be a bona fide resident
2-5 of County Commissioners Precinct No. 1, a qualified voter thereof
2-6 who owns real property therein which has been duly rendered for
2-7 taxation;>
2-8 <(2) One member, whose office shall be designated as
2-9 "Navigation Commissioner Number Two," shall be a bona fide resident
2-10 of County Commissioners Precinct No. 2, a qualified voter thereof
2-11 who owns real property therein which has been duly rendered for
2-12 taxation;>
2-13 <(3) One member, whose office shall be designated as
2-14 "Navigation Commissioner Number Three," shall be a bona fide
2-15 resident of County Commissioners Precinct No. 3, a qualified voter
2-16 thereof who owns real property therein which has been duly rendered
2-17 for taxation;>
2-18 <(4) One member, whose office shall be designated as
2-19 "Navigation Commissioner Number Four," shall be a bona fide
2-20 resident of those parts of Commissioners Precinct No. 4, included
2-21 within the District, a qualified voter thereof who owns real
2-22 property therein which has been duly rendered for taxation;
2-23 provided, however, if no resident in such area is found so
2-24 qualified, such officer shall be a bona fide resident of any other
2-25 County Commissioners Precinct within the District, a qualified
2-26 voter thereof who owns real property therein which has been duly
2-27 rendered for taxation, and who is not a resident of a Commissioners
3-1 Precinct in which two other such Navigation Commissioners are
3-2 residents;>
3-3 <(5) One member, whose office shall be designated as
3-4 "Navigation Commissioner Number Five," shall be a bona fide
3-5 resident of any County Commissioners Precinct within the District,
3-6 a qualified voter thereof who owns real property therein which has
3-7 been duly rendered for taxation, and who is not a resident of a
3-8 Commissioners Precinct in which two other such Navigation
3-9 Commissioners are residents; and>
3-10 <(6) One member, whose office shall be designated as
3-11 "Navigation Commissioner Number Six," shall be subject for
3-12 appointment from the same area at large and under the same
3-13 conditions and restrictions as provided for the office of
3-14 Navigation Commissioner Number Five above.>
3-15 (f) <(b)> It is found and determined by the Legislature of
3-16 Texas that it is to the best interest of public welfare, general
3-17 benefit and the assurance of proper development of marine shipping
3-18 that the Navigation Commissioners <officers> of this District be
3-19 representatives of all areas of this District and that <not more
3-20 than two such members should be appointed or elected who reside in
3-21 the same County Commissioners Precinct within this District, and
3-22 that> if any Navigation Commissioner hereafter <appointed or>
3-23 elected removes his residence out of the precinct of his election
3-24 <appointment> such office is hereby declared vacant <vacated, and a
3-25 new member with the required qualifications shall be appointed for
3-26 the unexpired term by a majority of the remaining members of the
3-27 Board of Navigation Commissioners, as shall be done in the case of
4-1 a vacancy caused by death, resignation or by legal removal in
4-2 accordance with law>.
4-3 (g) <(c)> Navigation Commissioners shall be elected for
4-4 staggered four-year terms at elections duly called and held by the
4-5 Board of Navigation Commissioners. Such elections shall be held
4-6 each odd-numbered year on the first Saturday in May and shall be
4-7 conducted in the manner prescribed by the <Texas> Election Code.
4-8 (h) <(d)> Any person duly qualified under this law for
4-9 election to office for which an election is called may file no
4-10 later than 5 p.m. of the 45th day <ten (10) days> before the date
4-11 set for election his application with the Board of Navigation
4-12 Commissioners to have his name placed upon the official ballot, by
4-13 making an affidavit under oath disclosing that he is a bona fide
4-14 resident, a qualified voter who owns real property within such area
4-15 which has been duly rendered for taxation. If such application is
4-16 timely filed in proper form, the Board of Navigation Commissioners
4-17 shall place the applicant's name on the official ballot.
4-18 (i) <(e)> At each such election the person receiving the
4-19 highest number of votes in <for> each precinct <place> shall be
4-20 declared elected to such office.
4-21 (j) <(f)> In the event a vacancy shall occur, a majority of
4-22 the remaining members of the Board of Navigation Commissioners
4-23 shall appoint the successor member to fill such vacancy. Such
4-24 appointed member shall serve for the balance of the term of office
4-25 with respect to which such vacancy has occurred and shall be
4-26 treated, for the purposes of this Act, as if the member were
4-27 elected.
5-1 SECTION 2. (a) Notwithstanding Section 2(a), Chapter 195,
5-2 Acts of the 53rd Legislature, Regular Session, 1953, as amended by
5-3 this Act, the Calhoun County Navigation District shall be governed
5-4 by the board of commissioners serving as of September 1, 1995,
5-5 until the board elected on May 3, 1997, in accordance with Section
5-6 2, Chapter 195, Acts of the 53rd Legislature, Regular Session,
5-7 1953, as amended by this Act, takes office.
5-8 (b) The board elected as of September 1, 1995, shall divide
5-9 the district into six navigation commissioner precincts that meet
5-10 the requirements of Section 2(b), Chapter 195, Acts of the 53rd
5-11 Legislature, Regular Session, 1953, as amended by this Act, not
5-12 later than February 2, 1997.
5-13 SECTION 3. This Act takes effect September 1, 1995.
5-14 SECTION 4. The importance of this legislation and the
5-15 crowded condition of the calendars in both houses create an
5-16 emergency and an imperative public necessity that the
5-17 constitutional rule requiring bills to be read on three several
5-18 days in each house be suspended, and this rule is hereby suspended.