Law:Title 5. Transportation (Texas)

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Subtitle A. Navigation Districts And Port Authorities

Contents

Chapter 5001. Aransas County Navigation District

Subchapter A. General Provisions

Section 5001.001.  Definitions.

In this chapter:

(1)  "Commission" means the navigation and canal commission of the district.

(2)  "Commissioner" means a member of the commission.

(3)  "District" means the Aransas County Navigation District.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 436, Sec. 2, eff. September 1, 2007.



Section  5001.002.  Nature Of District.

The district is a navigation district operating under Section 59, Article XVI, Texas Constitution.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  5001.003.  District Territory.

The district is composed of all the territory in Aransas County, unless the district territory is modified under:

(1)  Section 3 or 3a, Chapter 103, Acts of the 41st Legislature, 1st Called Session, 1929 (Article 8263a, Vernon's Texas Civil Statutes), after May 14, 1949, and before August 30, 1971;

(2)  Subchapter H, Chapter 62, Water Code; or

(3)  other law.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  5001.004.  Governance Of District.

The district is governed by Chapter 62, Water Code, and all statutes relating to a navigation district created under that chapter.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Subchapter A-1. Commission

Section 5001.021.  Commission; Terms.

(a) The district is governed by a commission consisting of five elected commissioners.

(b)  Commissioners serve staggered four-year terms of office, with two or three commissioners' terms expiring January 1 of each odd-numbered year.

(c)  One commissioner is elected from each Aransas County commissioners precinct and one commissioner is elected from the district at large.

Added by Acts 2007, 80th Leg., R.S., Ch. 436, Sec. 3, eff. September 1, 2007.



Section 5001.022.  Election Of Commissioners.

On the uniform election date in November of each even-numbered year, the appropriate number of commissioners shall be elected.

Added by Acts 2007, 80th Leg., R.S., Ch. 436, Sec. 3, eff. September 1, 2007.



Section 5001.023.  Compensation Of Commissioners.

Notwithstanding Section 62.070, Water Code, the commission shall set the amount of the compensation, office and travel expenses, and other allowances for the commissioners, other district officers, and employees who are paid wholly from district money.

Added by Acts 2007, 80th Leg., R.S., Ch. 436, Sec. 3, eff. September 1, 2007.



Section  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.

Amended by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 13.0035(b), eff. September 1, 2007.



Section  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.

Amended by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 13.0035(b), eff. September 1, 2007.



Section  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.

Amended by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 13.0035(b), eff. September 1, 2007.



Subchapter B. District Promotion And Development Fund

Section 5001.051.  Definition.

In this subchapter, "fund" means a promotion and development fund created by the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 436, Sec. 4, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 13.0035(c), eff. September 1, 2007.



Section  5001.052.  Authority To Create Fund.

The district may create a promotion and development fund.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  5001.053.  Limitation On Deposits To Fund.

The district may deposit to the credit of the fund not more than five percent of its gross income from operations in a calendar year.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  5001.054.  Separate Fund.

(a) Money in the promotion and development fund shall be kept separate from all other funds and accounts of the district.

(b)  Money derived from the imposition of taxes may not be deposited to the credit of the fund.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  5001.055.  Authorized Expenditures Of Money In Fund.

Money in the fund may be spent by the commission, or as the commission may direct, to pay any expense connected with:

(1)  an activity or matter incidental to the advertising, development, or promotion of the district or a port, waterway, harbor, or terminal of the district;

(2)  the furtherance of the general welfare of the district or a facility of the district; or

(3)  the improvement of the district's relations with a steamship or rail line, a shipper, a consignee of freight, a government official, or another person interested or thought to be interested in a port, waterway, harbor, or terminal of the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  5001.056.  Control Over Fund And Expenditures.

The commission:

(1)  has exclusive control over the fund; and

(2)  is fully responsible for auditing, approving, and safeguarding each expenditure of money from the fund.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  5001.057.  Duties Of County Auditor In Relation To Fund. (a)

The county auditor shall exercise the auditor's usual supervision and control to ensure that the commission complies with Section 5001.053.

(b)  The county auditor may not audit expenditures from the fund but is entitled to receive a monthly statement that shows with respect to each expenditure:

(1)  the date of the expenditure;

(2)  the amount of the expenditure;

(3)  the person or entity who received the expenditure; and

(4)  the general purpose of the expenditure.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  5001.058.  Effect Of Fund On Other Expenditures.

The creation of the fund or an expenditure of money from the fund does not affect the payment of any expense that is customarily approved, audited, or paid out of the regular funds of the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Subchapter C. Property Management

Section 5001.101.  Purchase Or Lease Of Property.

The district may purchase or lease property in the same manner as a county.

Added by Acts 2007, 80th Leg., R.S., Ch. 436, Sec. 5, eff. September 1, 2007.

Chapter 5002. Port Freeport

Subchapter A. General Provisions

Section 5002.001.  Definitions.

In this chapter:

(1)  "Board" means the port commission of the district.

(2)  "Commissioner" means a port commission member.

(3)  "District" means Port Freeport.

Added by Acts 2007, 80th Leg., R.S., Ch. 920, Sec. 1.04, eff. April 1, 2009.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 21.050, eff. September 1, 2009.



Section 5002.002.  Nature And Purpose Of District.

The district is created under Section 59, Article XVI, Texas Constitution, to make improvements for the navigation of inland and coastal waters, and for the preservation and conservation of inland and coastal waters for navigation and for control and distribution of storm and flood waters of rivers and streams in aid of navigation.

Added by Acts 2007, 80th Leg., R.S., Ch. 920, Sec. 1.04, eff. April 1, 2009.



Section 5002.003.  Legislative Findings.

All property situated in the district and subject to taxation will benefit from the improvements to be constructed by the district.

Added by Acts 2007, 80th Leg., R.S., Ch. 920, Sec. 1.04, eff. April 1, 2009.



Section 5002.004.  District Territory.

The district is composed of the territory in Brazoria County described by Section 1, Chapter 55, Acts of the 40th Legislature, 1st Called Session, 1927, as that territory may have been modified under:

(1)  Section 3, Chapter 103, Acts of the 41st Legislature, 1st Called Session, 1929 (Article 8263a, Vernon's Texas Civil Statutes), on or after May 23, 1929, and before August 30, 1971;

(2)  Section 3a, Chapter 103, Acts of the 41st Legislature, 1st Called Session, 1929 (Article 8263a, Vernon's Texas Civil Statutes), on or after May 16, 1951, and before August 30, 1971;

(3)  Subchapter H, Chapter 62, Water Code; or

(4)  other law.

Added by Acts 2007, 80th Leg., R.S., Ch. 920, Sec. 1.04, eff. April 1, 2009.



Subchapter B. District Administration

Section 5002.051.  Port Commission; Term; Election.

(a) The district is governed by an elected board consisting of six commissioners.

(b)  Commissioners serve staggered six-year terms.

(c)  An election shall be held in the district every two years to elect two commissioners.

Added by Acts 2007, 80th Leg., R.S., Ch. 920, Sec. 1.04, eff. April 1, 2009.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 21.051, eff. September 1, 2009.



Section 5002.052.  Navigation Precincts.

For the purpose of electing commissioners, the district is divided into four navigation precincts.  The boundaries of the navigation precincts are described by Section 4a, Chapter 55, Acts of the 40th Legislature, 1st Called Session, 1927.

Added by Acts 2007, 80th Leg., R.S., Ch. 920, Sec. 1.04, eff. April 1, 2009.



Section 5002.053.  Election By Position; Qualifications.

(a) Commissioners are elected by position as follows:

(1)  the commissioner elected for Position 1 is at large and must reside in the district;

(2)  the commissioners elected for Positions 2 and 3 must reside in Navigation Precinct No. 1;

(3)  the commissioner elected for Position 4 must reside in Navigation Precinct No. 2;

(4)  the commissioner elected for Position 5 must reside in Navigation Precinct No. 3; and

(5)  the commissioner elected for Position 6 must reside in Navigation Precinct No. 4.

(b)  Each commissioner must be a qualified voter of the district.

Added by Acts 2007, 80th Leg., R.S., Ch. 920, Sec. 1.04, eff. April 1, 2009.



Section 5002.054.  Placing Candidate On Ballot.

A request for placing the name of a candidate on the ballot must be filed with the board's presiding officer and be:

(1)  in writing and signed by the candidate; or

(2)  in the form of a petition signed by at least 25 qualified voters of the district.

Added by Acts 2007, 80th Leg., R.S., Ch. 920, Sec. 1.04, eff. April 1, 2009.



Section 5002.055.  Election Administration; Notice Of Election.

(a) The board shall make arrangements for each election.

(b)  Notice of the election, signed by the board's presiding officer or secretary, must be published once a week for two consecutive weeks in a newspaper of general circulation within the district.  The first publication must occur not later than the 14th day before the date of the election.

(c)  All district voters may vote for candidates for commissioner in all navigation precincts.

(d)  The board shall declare the results of each election.

Added by Acts 2007, 80th Leg., R.S., Ch. 920, Sec. 1.04, eff. April 1, 2009.



Section 5002.056.  Date Commissioner Takes Office.

A commissioner shall take office on the appropriate date following the person's election.

Added by Acts 2007, 80th Leg., R.S., Ch. 920, Sec. 1.04, eff. April 1, 2009.



Section 5002.057.  Bond.

As a qualification for office, a commissioner must post a bond in the amount of $10,000 that is:

(1)  executed by the commissioner and by two solvent sureties or by a surety company authorized to do business in this state; and

(2)  approved by the county judge of Brazoria County.

Added by Acts 2007, 80th Leg., R.S., Ch. 920, Sec. 1.04, eff. April 1, 2009.



Section 5002.058.  Vacancies.

(a) Except as otherwise provided by this section, if a vacancy occurs in the office of commissioner, the board shall appoint a commissioner for the remainder of the unexpired term.

(b)  If more than two vacancies occur at the same time, the remaining commissioners shall call a special election to fill the vacancies.

(c)  If the remaining commissioners fail to call the election within 15 days after the date the vacancies occur, the judge or judges of the district court or courts of the judicial district in which the district is located, on the petition of a voter or creditor of the district, may:

(1)  order that an election be held, specifying the date of the election;

(2)  order the Brazoria County clerk to publish notice of the election; and

(3)  name the officers to hold the election.

(d)  The returns of an election held by order of the district judge or judges shall be made and filed in the office of the clerk of the district court, and the clerk of the district court shall declare the result of the election.

Added by Acts 2007, 80th Leg., R.S., Ch. 920, Sec. 1.04, eff. April 1, 2009.



Section 5002.059.  District Treasurer.

(a) The board shall appoint from time to time a person to serve in the office of district treasurer.

(b)  The district treasurer shall perform the duties for the district that were performed before September 1, 1999, by the county treasurer of Brazoria County.

(c)  Before receiving district money from any source, the district treasurer shall execute a good and sufficient bond payable to the board for the benefit of the district in an amount set by the board.

Added by Acts 2007, 80th Leg., R.S., Ch. 920, Sec. 1.04, eff. April 1, 2009.



Subchapter C. General Financial Provisions

Section 5002.101.  Depository.

(a) The board by resolution shall designate a bank in Brazoria County as the district's depository.

(b)  The designated bank serves as the depository for a term of two years and until a successor depository has been selected.

(c)  All money of the district shall be secured in the manner provided for the security of county funds.

(d)  The tax assessor and collector for Brazoria County or another official performing the duties of tax assessor and collector for the district shall:

(1)  deposit all taxes collected for the district in the depository bank designated as depository for Brazoria County; and

(2)  promptly transfer and deposit the money to the district's account in the district's depository.

Added by Acts 2007, 80th Leg., R.S., Ch. 920, Sec. 1.04, eff. April 1, 2009.



Section 5002.102.  Maintenance Of Books, Records, And Accounts.

The district shall maintain the books, records, and accounts of the district.  The Brazoria County treasurer is not required to maintain any books, records, or accounts for the district other than as required by the board.

Added by Acts 2007, 80th Leg., R.S., Ch. 920, Sec. 1.04, eff. April 1, 2009.


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