78R1326 SGA-D


By:  Eiland                                                       H.B. No. 924


A BILL TO BE ENTITLED
AN ACT
relating to extending the boundaries of the Galveston County Navigation District No. 1. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. DEFINITION. In this Act, "district" means the Galveston County Navigation District No. 1. SECTION 2. EXTENSION OF BOUNDARIES. Subject to a confirmation election held as provided by Section 4 of this Act, the boundaries of the district are extended to include all areas that, on the effective date of this Act, are within the geographical boundaries of the city of Galveston, the city of Jamaica Beach, and Galveston Island State Park and the unincorporated areas within the Galveston County Municipal Utility District No. 1 - Pirates Beach. SECTION 3. FINDING OF BENEFIT. All of the land and other property included within the boundaries of the district as extended by this Act will be benefited by the works and projects that are to be accomplished by the district under powers conferred by Section 59, Article XVI, Texas Constitution. The district is created to serve a public use and benefit. SECTION 4. CONFIRMATION ELECTION; ORDER OF ANNEXATION. (a) The board of navigation and canal commissioners of the district shall call and hold an election to confirm the extension of the boundaries of the district under Section 2 of this Act. (b) The board of navigation and canal commissioners shall conduct the election as provided by Sections 63.376-63.379, Water Code, except that: (1) the election must be held so as to include all eligible voters residing in the district and in the territory described by Section 2 of this Act; (2) the ballots for the election must be printed to allow for voting for or against the proposition: "Annexation to Galveston County Navigation District No. 1 of all of the area of Galveston Island not presently part of the district"; and (3) if a majority of the voters voting in the election favor the annexation, the board of navigation and canal commissioners shall enter an order in its minutes annexing the additional territory to the district. (c) The board of navigation and canal commissioners may order the election held on the date of the general election of state and county officers, jointly with the general election, in the manner provided by Section 63.0895, Water Code. (d) On and after the entry of the order required by Subsection (b)(3) of this section, the annexed territory is a part of the district for all purposes. (e) Before the entry of the order required by Subsection (b)(3) of this section: (1) property located outside the boundaries of the district, as those boundaries existed immediately before the effective date of this Act, is not subject to ad valorem taxes of the district; (2) voters of the territory located outside the boundaries of the district, as those boundaries existed immediately before the effective date of this Act, may not vote in an election for navigation and canal commissioners of the district; and (3) to qualify as a candidate for election as a navigation and canal commissioner, a person must reside inside the boundaries of the district, as those boundaries existed immediately before the effective date of this Act. (f) If the order required by Subsection (b)(3) of this section is not entered before the fifth anniversary of the effective date of this Act, this Act expires. SECTION 5. EFFECTIVE DATE. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003.
COMMITTEE AMENDMENT NO. 1
Amend H.B. 924 as follows: (1) On page 3, after line 11, insert: SECTION 5. EFFECT ON OWNERSHIP OF SUBMERGED LAND. Nothing in this Act shall be construed to: (1) grant ownership or control of any state-owned submerged land within the expanded boundaries of the district to the navigation district; or (2) limit or otherwise affect the authority of the State of Texas, or anyone claiming under the State of Texas, to enter or possess state-owned submerged land for the purpose of exploring for oil, gas, or other minerals within or near the expanded boundaries. (2) On page 3, line 12, strike "5" and substitute "6" Krusee