January 27, 1965
Honorable Ben Barnes Opinion No. C- 353
Speaker of the House
Capitol Station Re: Whether the restrictions
Austin, Texas and requirements of the
constitutional amendment
to Section 59 of Article
XVI of the Constitution of
Texas, as authorized by
House Joint Resolution 9,
932 Leg., Regular Session,
1909, are applicable
to ? i)'i navigation district,
~:~t;i~vlgatlon and port
Dear Mr. Barnes: .
Former Speaker Byron Tunnel1 requested our opinion
concerning whether the restrictions and requirements of the
constitutional amendment to Section,59 of Article XVI of the
Constitution of Texas, ,a8 authorized by House Joint Resolution
3, 53th Leg., Regular Session, 1963, p. 1303, are applicable to
(1) a navigation district, and (2) a navigation and port district.
House Joint Resolution 3 was recently submitted to the
voters of the State of Texas and upon receiving a favorable vote
has now become Section 59(d) of Article XVI of the Constitution
of Texas and provides as follows:
'NO law creating a conservation and reclsma-
tlon district shall be pasaed unless notice of the
Intention to Introduce euch a bill setting forth
the general substance of the contemplated law shall
have been published at least thirty (30) days and
not adore than ninety (90) days prior to the intro-
duction thereof In a newspaper or newspapers having
general circulation In the county or counties in
which said district or any part thereof is or will
be located and by delivering a copy of such notice
-1813-
Hon. Bep Barnes, page 2 (C- 333)
and such bill to the Qovernor who shall submit
such notice and bill to the Texas Water Commls-
slon, or Its successor, which shall file its
recommendation a8 to such bill with the Governor,
Lieutenant Qovernor and Speaker of the HOUBe of
Representatives within thirty (30) days from date
notice was received by the Texas Water Commission.
Such notice and copy of bill shall also be given
of the Introduction of anv bill amendlnu a law
creating or governing a particular co&rvatlon
and reolamatlon district if such bill (1) adds
dditi 1 1 d t tne district, (2) alters the
&xlng’%hoEty gf the district, (3) alters
the authority of the district with-respect to
the issuance of bonds, or (4) alters the quall-
floations or ~terms of office of the members of
the governing body of the district.” (Bnphasls
added)
The statutory enactments concerning navlgation dls-
trlcts and navigation and port dletrlcte are found for the most
part in Articles 9199-9263k, Vernon’s Civil Statutes. The fore-
going statutes have been enacted pursuant to two conatltutlonal
provisions--Section 52 of Artlale III of the Constitution of
Texas and Section 59 of Article M of the Constitution of Texas.
In this connection It should be mentioned that it Is pursuant to
these two constitutional provisions that authorization Is given
to the Legislature to enact legislation which allows the creation
of navigation districts and navigation and port districts..
Section 52 of Article III of the Conetltutlon of Texas
provides ln part that:
. .under legislative provision.
defined district now or hereafter to be desor‘Yb ed
and defined within the State of Texas. . .upon a
vote of a two thirds majority of the resident
property taxpayers voting thereon. . .may issue
bonds or otherwise lend It8 credit In any amount
not to exceed one-fourth of the aseesaed valuation
of the real property of euch district. . .and levy
and collect such taxee to pay the interest thereon
zd provide a sinking fund for the redemption there-
.for the following p rp to wit: (a)
Thi iml)rovement or rIvers,Ucr~~~::‘B;l(i*strelMs to
-1814-
Hon. Ben Barnes, page 3 (C-333)
” n
. . .
Section 59 of Article M of the Constitution of
Texas,.which the provisions of House Joint Resolution 3 amended,
provides In part that:
“(a) The conservation and development of
all the natural resources of this State, ln-
eluding the control, storing, preservation and
distribution of Its storm and flood waters, the
waters of its rivers and stresms, for lrrlgs,tlon,
power and all other useful purposes, the reoaama-
tlon and irrigation of its arid, semi-arid and
other lands needlng Irrigation, the reclamation
and drainage of Its overflowed lands, and other
lands needing drainage, the conservation and
development of Its forests, water and hydro-
electric power, the navlRBt&on of its Inland
and coastal waters, snd the preservation and
conservation of an such natural resources of
the State are each and all hereby: declared public
rights and duties; and the Legislature shall
pass all such laws as may be appropriate there-
to.
“(b) There may be created with- the State
of Texas. or the State ma9 be divided Into, such
number oi‘ conservation ana reclamation dls~rlcta
as may be ,aetewlned to be essentlsl to the accom-
plishment of the purposes of this sicendment to the
constitution, which districts shall be governmental
agencies and bodies politic and oorporate with such
powers of government and with the authority to exer-
cise such rights, privileges and functions concerning
the subject matter of this amendment as may be con-
ferred by law. (Emphasis added)
” ”
. . .
Section 52 of Article III of the Constltutlon of Texas
was ado ted In 1904, but by 1917 It had become recognized that
the 190II amendment was too restrlctlve in Its limitation as to
the maximum amount of Indebtedness which a district might create.
Consequently, ln 1917, Section 59 of Article XVI of the Constltu-
tlon Was adopted which allowed the creation of conservation and
reclamation dlstrlcts with the power to Incur Wch debts as might
be necessary, (See the Interpretive Commentaries following Section
52 of Article III and Seotlon 59 of Article XVI of the Constitution
of Texas.)
-1815-
Hon. Ben Barnes, page 4 (C-393)
Article 9263a, Vernon's Civil Statutes, enacted after
the adoption of Section 59 of llrtlcle M of the Constitution of
Texas, authorizes navigation districts organized under the pro-
~vlslona of Section 52 of Article III of the Constitution of Texas
to become converted to a navigation dlabrict operating under the
provlslons of Section 59 of Article M of the Constitution of
Texas.
As the constltutlonal amendment which was proposed b
House Joint Resolution 3, and which has now become Section 59 9 d)
of Article XVI of the Constitution of Texas, had clearly as its
lntenkthe amending of Section 59 of Article M of the Constltu-
tlon of Texas, we are of the opinion that all of those districts
created pursuant to or opeliating under Section 59 of Article XVI
of the Constitution of Texas, and the statutes enacted pursuant
thereto, are subjectto the provlalons of House Joint Reeolution
9. While Section 59, of Article XVI of the Constitution of Texas
merely refers to "conservation and reclamation districts," we
are of the wther opitlon that such term, nconservatlon and
reclamation districts, Includes navigation districts and navi-
gation and port districts. In fact if such were not the case,
there would be no authorization for the existence of those navl-
gatlon districts and navigation and port districts presently
operating pursuant to the provisions of Section 59 of Article
XVI of the Constitution of Texas, and exercising the powers
conferred by Section 59 of Article XVI of the Constitution of
~Texas.
iLs House Joint Resolution 9 was restricted solely to
amending Section 59 of Article M of the Constitution of Texas,
we are of the opinion that those navigation districts and navi-
gation and port districts created under, and presently operating
pursuant to, Section 52 of Article III of the Constitution of
Texas are not sub ect to the provlalons of House Joint Resolution
9, now Se&Ion 59 t d) of Article XVI of the Constitution of Texas.
~However, If a navigation district or a navigation and port district
created and operated pursuant to Section 52 of Article III of the
Constitution of Texas has elected to be governed by Section 59 of
Article XVI of the Constltut,lon of Texas, pursuant.to Article
8263, then such district {would be subject to the pravlsions con-
tained in House Joint Resolution %-the present Section 59(d) of
Article M of the Constitution of Texas.
SUMMARY
The restrlctlons.snd requirements of the
constitutional amendment to Section 59 of Article
-1816-
Hon. Ben Barnes, page 5 (C- 333)
XVI of the Constitution, as authorized by House
Joint Resolution 3, 58th Leg. Regular Session,
1963, p. 1303, now Section 59(d) of Article XVI
of the Constitution of Texas, are applicable to
navigation districts and navigation and port dis-
tricts operated pursuant to the provisions of
Section 59 of Article XVI of the Constitution
of Texas, but are not applicable to those navl-
gatlon districts and navigation and port districts
operated pursuant to the provlaions of Section 52
of Article III of the Constitution of Texas.
Very truly yours,
WAOOONER CARR
Attorney General
PB:mkh
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
John Reeves
Roger Tyler
Arthur Sandlln
Malcolm Quick
APPROVEDFORTHE ATTORNEY
GENERAL
BY: Stanton Stone
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