1-1 By: Hunter of Nueces (Senate Sponsor - Armbrister) H.B. No. 2230
1-2 (In the Senate - Received from the House April 10, 1995;
1-3 April 11, 1995, read first time and referred to Committee on
1-4 Natural Resources; May 3, 1995, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; May 3, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the election of commissioners of the Calhoun County
1-9 Navigation District.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 2, Chapter 195, Acts of the 53rd
1-12 Legislature, Regular Session, 1953, is amended to read as follows:
1-13 Sec. 2. (a) The District shall be governed by a Board of
1-14 six Navigation Commissioners, each of whom shall be elected from a
1-15 separate precinct by the voters of the precinct in accordance with
1-16 this section.
1-17 (b) The Board shall from time to time divide the district
1-18 into six Navigation Commissioner precincts that are:
1-19 (1) compact and contiguous; and
1-20 (2) as nearly as practicable, of equal population.
1-21 (c) The Board shall complete any division of the district
1-22 into new precincts not later than the 90th day before the election
1-23 of commissioners from those precincts.
1-24 (d) The qualified voters of each precinct shall elect one
1-25 commissioner who resides in the precinct represented.
1-26 (e) At the first election after a division of the district
1-27 into new precincts, six commissioners shall be elected. The
1-28 commissioners shall draw lots after election to select three
1-29 commissioners to serve two-year terms and three commissioners to
1-30 serve four-year terms. Successor commissioners serve staggered
1-31 four-year terms as provided by Subsection (g). <Board of six (6)
1-32 Navigation Commissioners as follows:>
1-33 <(1) One member, whose office shall be designated as
1-34 "Navigation Commissioner Number One," shall be a bona fide resident
1-35 of County Commissioners Precinct No. 1, a qualified voter thereof
1-36 who owns real property therein which has been duly rendered for
1-37 taxation;>
1-38 <(2) One member, whose office shall be designated as
1-39 "Navigation Commissioner Number Two," shall be a bona fide resident
1-40 of County Commissioners Precinct No. 2, a qualified voter thereof
1-41 who owns real property therein which has been duly rendered for
1-42 taxation;>
1-43 <(3) One member, whose office shall be designated as
1-44 "Navigation Commissioner Number Three," shall be a bona fide
1-45 resident of County Commissioners Precinct No. 3, a qualified voter
1-46 thereof who owns real property therein which has been duly rendered
1-47 for taxation;>
1-48 <(4) One member, whose office shall be designated as
1-49 "Navigation Commissioner Number Four," shall be a bona fide
1-50 resident of those parts of Commissioners Precinct No. 4, included
1-51 within the District, a qualified voter thereof who owns real
1-52 property therein which has been duly rendered for taxation;
1-53 provided, however, if no resident in such area is found so
1-54 qualified, such officer shall be a bona fide resident of any other
1-55 County Commissioners Precinct within the District, a qualified
1-56 voter thereof who owns real property therein which has been duly
1-57 rendered for taxation, and who is not a resident of a Commissioners
1-58 Precinct in which two other such Navigation Commissioners are
1-59 residents;>
1-60 <(5) One member, whose office shall be designated as
1-61 "Navigation Commissioner Number Five," shall be a bona fide
1-62 resident of any County Commissioners Precinct within the District,
1-63 a qualified voter thereof who owns real property therein which has
1-64 been duly rendered for taxation, and who is not a resident of a
1-65 Commissioners Precinct in which two other such Navigation
1-66 Commissioners are residents; and>
1-67 <(6) One member, whose office shall be designated as
1-68 "Navigation Commissioner Number Six," shall be subject for
2-1 appointment from the same area at large and under the same
2-2 conditions and restrictions as provided for the office of
2-3 Navigation Commissioner Number Five above.>
2-4 (f) <(b)> It is found and determined by the Legislature of
2-5 Texas that it is to the best interest of public welfare, general
2-6 benefit and the assurance of proper development of marine shipping
2-7 that the Navigation Commissioners <officers> of this District be
2-8 representatives of all areas of this District and that <not more
2-9 than two such members should be appointed or elected who reside in
2-10 the same County Commissioners Precinct within this District, and
2-11 that> if any Navigation Commissioner hereafter <appointed or>
2-12 elected removes his residence out of the precinct of his election
2-13 <appointment> such office is hereby declared vacant <vacated, and a
2-14 new member with the required qualifications shall be appointed for
2-15 the unexpired term by a majority of the remaining members of the
2-16 Board of Navigation Commissioners, as shall be done in the case of
2-17 a vacancy caused by death, resignation or by legal removal in
2-18 accordance with law>.
2-19 (g) <(c)> Navigation Commissioners shall be elected for
2-20 staggered four-year terms at elections duly called and held by the
2-21 Board of Navigation Commissioners. Such elections shall be held
2-22 each odd-numbered year on the first Saturday in May and shall be
2-23 conducted in the manner prescribed by the <Texas> Election Code.
2-24 (h) <(d)> Any person duly qualified under this law for
2-25 election to office for which an election is called may file no
2-26 later than 5 p.m. of the 45th day <ten (10) days> before the date
2-27 set for election his application with the Board of Navigation
2-28 Commissioners to have his name placed upon the official ballot, by
2-29 making an affidavit under oath disclosing that he is a bona fide
2-30 resident, a qualified voter who owns real property within such area
2-31 which has been duly rendered for taxation. If such application is
2-32 timely filed in proper form, the Board of Navigation Commissioners
2-33 shall place the applicant's name on the official ballot.
2-34 (i) <(e)> At each such election the person receiving the
2-35 highest number of votes in <for> each precinct <place> shall be
2-36 declared elected to such office.
2-37 (j) <(f)> In the event a vacancy shall occur, a majority of
2-38 the remaining members of the Board of Navigation Commissioners
2-39 shall appoint the successor member to fill such vacancy. Such
2-40 appointed member shall serve for the balance of the term of office
2-41 with respect to which such vacancy has occurred and shall be
2-42 treated, for the purposes of this Act, as if the member were
2-43 elected.
2-44 SECTION 2. (a) Notwithstanding Section 2(a), Chapter 195,
2-45 Acts of the 53rd Legislature, Regular Session, 1953, as amended by
2-46 this Act, the Calhoun County Navigation District shall be governed
2-47 by the board of commissioners serving as of September 1, 1995,
2-48 until the board elected on May 3, 1997, in accordance with Section
2-49 2, Chapter 195, Acts of the 53rd Legislature, Regular Session,
2-50 1953, as amended by this Act, takes office.
2-51 (b) The board elected as of September 1, 1995, shall divide
2-52 the district into six navigation commissioner precincts that meet
2-53 the requirements of Section 2(b), Chapter 195, Acts of the 53rd
2-54 Legislature, Regular Session, 1953, as amended by this Act, not
2-55 later than February 2, 1997.
2-56 SECTION 3. This Act takes effect September 1, 1995.
2-57 SECTION 4. The importance of this legislation and the
2-58 crowded condition of the calendars in both houses create an
2-59 emergency and an imperative public necessity that the
2-60 constitutional rule requiring bills to be read on three several
2-61 days in each house be suspended, and this rule is hereby suspended.
2-62 * * * * *