The Attorney General of Texas
March 7, 1979
MARK WHITE
Attorney General
Honorable Eugene T. Jenson Opinion No. MW-3
Chambers County Attorney
P. 0. Box 10 Re: Whether members of a Board
Anahuac, Texas 77514 of Navigation and Canal
Commissioners are elected or
appointed.
Dear Mr. Jenson:
You have requested our opinion regarding the proper method of
selection of members of the Board of Navigation and Canal Commissioners
of the Chambers-Liberty Counties Navigation District
You state that the district was created in 1944 and until 1974 operated
as a navigation district authorized by article 16, section 59 of the Texas
Constitution. Commissioners were appointed. On December 6, 1974, the
board voted to convert the district into a self-liquidating district operating
under the provisions of Chapter 63 of the Texas Water Code, section 63.039.
Pursuant to the statutory procedure, the board designated those
sections of Chapter 63 under which the district proposed to operate, among
them section 63.089. That section provides, in pertinent part:
(a) An election shall ,be held in the district on the
first Tuesday after the first Monday in November of
each even numbered year to elect the three
commissioners. However, the commissioners may, by
adopting an order duly entered on the minutes,
determine to hold the election on the first Tuesday
after the first Monday in October of each even
numbered year to elect the commissioners authorized
by law.
Thus, since the Chambers-Liberty Counties Navigation District is now a
self-liquidating navigation district operating under Chapter 63 of the Water
Code, and hence subject to the provisions of section 63.069 thereof.
members of its Board of Navigation and Canal Commissioners should be
elected rather than appointed.
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Honorable Eugene T. Jenson - Page Two (FE+31
SUMMARY
Members of the Board of Navigation and Canal Commissioners of
the Chambers-Liberty Counties Navigation District should be
elected in accordance with the provisions of section 63.089 of the
Texas Water Code.
Very truly yours,
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
C. Robert Heath, Chairman
David B. Brooks
Rick Gllpin
Robert Lewis
William G Reid
Bruce Youngblood
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