By: Bernsen S.B. No. 1856
99S0955/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the appointment and number of commissioners of certain
1-2 navigation districts.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 63.087, Water Code, is amended by adding
1-5 Subsection (d) to read as follows:
1-6 (d) This section does not apply to the terms of office of
1-7 commissioners appointed under Section 63.0946 of this code.
1-8 SECTION 2. Section 63.088, Water Code, is amended to read as
1-9 follows:
1-10 Sec. 63.088. COMMISSION ORGANIZATION AND QUORUM. (a) The
1-11 commission shall organize by electing one of their members chairman
1-12 and one secretary.
1-13 (b) Except as provided by Subsection (c), two [Two] of the
1-14 commissioners shall constitute a quorum and a concurrence of two
1-15 shall be sufficient in all matters relating to the business of the
1-16 district.
1-17 (c) If the commission members are appointed as provided by
1-18 Section 63.0946, three of the commissioners shall constitute a
1-19 quorum and a concurrence of three shall be sufficient in all
1-20 matters relating to the business of the district.
1-21 SECTION 3. Subchapter C, Chapter 63, Water Code, is amended
1-22 by adding Section 63.0946 to read as follows:
1-23 Sec. 63.0946. TWO-COUNTY DISTRICTS; APPOINTMENT OF
1-24 FIVE-MEMBER COMMISSION. (a) Notwithstanding the provisions of
2-1 Section 63.089, the commissioners courts of the counties of a
2-2 district composed of land in two counties may elect to increase the
2-3 number of the commissioners of the district to five commissioners,
2-4 who shall be appointed and shall serve as provided by this section.
2-5 A district created under the provisions of Chapter 62 that has
2-6 converted into a self-liquidating district operating under the
2-7 provisions of this chapter as authorized by Section 63.039,
2-8 including a district that designated Section 63.089 as a section it
2-9 would operate under, may make an election under this section.
2-10 (b) An election to appoint a five-member commission shall be
2-11 made by the adoption of a resolution by the commissioners court of
2-12 each county. Notice of a meeting of a commissioners court to
2-13 consider the adoption of a resolution making an election to appoint
2-14 a five-member commission or to make an appointment to the
2-15 five-member commission shall be provided in the manner provided by
2-16 Section 63.028.
2-17 (c) An election to appoint a five-member commission shall be
2-18 made at a time and in a manner that provides that the terms for the
2-19 five commissioners will commence on January 1 of the even-numbered
2-20 year following such election. The commissioners of an existing
2-21 district serving at the time the commissioners courts make an
2-22 election to appoint a five-member commission shall continue to hold
2-23 office until the time the successor commissioners qualify.
2-24 (d) A five-member commission shall be appointed as follows:
2-25 (1) the commissioners court of the county of
2-26 jurisdiction shall by majority vote appoint two commissioners;
3-1 (2) the commissioners court of the county other than
3-2 the county of jurisdiction shall by majority vote appoint two
3-3 commissioners; and
3-4 (3) the two commissioners courts shall appoint the
3-5 fifth commissioner at a joint meeting of the two commissioners
3-6 courts called and presided over by the county judge of the county
3-7 of jurisdiction.
3-8 (e) In appointing the fifth commissioner under Subsection
3-9 (d)(3), the county judges and county commissioners composing the
3-10 commissioners courts of both counties shall each be entitled to one
3-11 vote. A majority vote of those present at the meeting shall be
3-12 sufficient to make the appointment.
3-13 (f) Written notice of the joint meeting of commissioners
3-14 courts shall be delivered to each member of the commissioners
3-15 courts of both counties, either personally or by mail, at least two
3-16 days before the date of the meeting.
3-17 (g) On the termination of the term of office of each
3-18 commissioner or in case of a vacancy, a successor shall be
3-19 appointed by the commissioners court which appointed the
3-20 commissioner whose place is being filled.
3-21 (h) Commissioners appointed under this section serve
3-22 staggered terms of four years, with two or three commissioners'
3-23 terms expiring January 1 of each even-numbered year. The
3-24 commissioners appointed after an election to appoint a five-member
3-25 commission shall draw lots to determine:
3-26 (1) the two commissioners to serve terms that expire
4-1 on January 1 of the second year following the initial appointment
4-2 under this section; and
4-3 (2) the three commissioners to serve terms that expire
4-4 on January 1 of the fourth year following initial appointment under
4-5 this section.
4-6 SECTION 4. This Act takes effect September 1, 1999.
4-7 SECTION 5. The importance of this legislation and the
4-8 crowded condition of the calendars in both houses create an
4-9 emergency and an imperative public necessity that the
4-10 constitutional rule requiring bills to be read on three several
4-11 days in each house be suspended, and this rule is hereby suspended.