Amend HB 3167, in Article 13 of the bill (page 319, between
lines 5 and 6), by inserting the following:
SECTION 13.0035. (a) Section 5001.001, Special District
Local Laws Code, is amended to conform to Section 1, Chapter 81,
Acts of the 62nd Legislature, Regular Session, 1971, to read as
follows:
Sec. 5001.001. DEFINITIONS [DEFINITION]. In this chapter:
(1) "Commission" means the navigation and canal
commission of the district.
(2) "Commissioner" means a member of the commission.
(3) "District"[, "district"] means the Aransas County
Navigation District No. 1.
(b) Chapter 5001, Special District Local Laws Code, is
amended to conform to Chapter 81, Acts of the 62nd Legislature,
Regular Session, 1971, by adding Subchapter A-1 to read as follows:
SUBCHAPTER A-1. COMMISSION
Sec. 5001.021. GOVERNING BODY; TERMS. (a) The district is
governed by a commission consisting of five commissioners, each
elected to a navigation and canal commissioner's office by number.
(b) Commissioners serve two-year terms.
Sec. 5001.022. QUALIFICATIONS. To be eligible for election
to any of the following offices, a person must have the following
qualifications:
(1) for the office of Navigation and Canal
Commissioner No. 1, a person must reside in and be a freehold
property taxpaying voter of Aransas County Commissioners' Precinct
No. 1;
(2) for the office of Navigation and Canal
Commissioner No. 2, a person must reside in and be a freehold
property taxpaying voter of Aransas County Commissioners' Precinct
No. 2;
(3) for the office of Navigation and Canal
Commissioner No. 3, a person must reside in and be a freehold
property taxpaying voter of Aransas County Commissioners' Precinct
No. 3;
(4) for the office of Navigation and Canal
Commissioner No. 4, a person must reside in and be a freehold
property taxpaying voter of Aransas County Commissioners' Precinct
No. 4; and
(5) for the office of Navigation and Canal
Commissioner No. 5, a person must reside in and be a freehold
property taxpaying voter of Aransas County.
Sec. 5001.023. ELECTION OF COMMISSIONERS. On a uniform
election date in each odd-numbered year, five commissioners shall
be elected.
Sec. 5001.024. NOTICE OF ELECTION. The secretary of the
commission shall give notice of an election by posting or
publishing the notice for at least 20 days before the date of the
election.
Sec. 5001.025. VACANCIES. (a) A vacancy in the office of a
commissioner that occurs for any reason shall be filled by the
remaining members of the commission except as provided by this
section.
(b) If three or more vacancies in commissioners' offices
occur at the same time, a special election may be called as provided
by Section 62.066, Water Code.
Sec. 5001.026. REMOVAL FROM OFFICE. (a) A commissioner may
be removed from office for malfeasance or nonfeasance in office by
unanimous vote of the commissioners court of Aransas County after a
hearing.
(b) Appeal from a judgment of removal may be taken to a
district court in Aransas County. The court shall try the case de
novo.
(c) Section 5001.051, Special District Local Laws Code, is
amended to read as follows:
Sec. 5001.051. DEFINITION [DEFINITIONS]. In this
subchapter, "fund" [:
[(1) "Commission" means the navigation and canal
commission of the district.
[(2) "Fund"] means a promotion and development fund
created by the district.