January 27, 1965

Honorable BenBarnes Opinion No. C- 353 Speaker of the House Capitol Station Re: Whether the restrictions Austin, Texas andrequirements of the constitutional amendment to Section 59 of Article XVIof the Constitution of Texas, as authorized by House Joint Resolution 932 Leg., 9,

Regular Session,

? 1909, are applicable to i)'i navigation district,

Dear Mr. Barnes: ~:~t;i~vlgatlon andport

. Former Speaker Byron Tunnel1 requested our opinion concerning whether the restrictions andrequirements of the constitutional amendmentto Section,59 of Article XVIof the Constitution of Texas, ,a8authorized by HouseJoint Resolution 3, 53th Leg., Regular Session, 1963, p. 1303, are applicable to (1) anavigation district, and (2) a navigation andport district.

HouseJoint Resolution 3wasrecently submitted to the voters of the State of Texas andupon receiving a favorable vote has nowbecome Section 59(d) of Article XVIof the Constitution of Texas andprovides as follows:

'NOlaw creating a conservation andreclsmatlon district shall be pasaed unless notice of the Intention to Introduce euch abill setting forth the general substance of the contemplated law shall have been published at least thirty (30) days and not adorethan ninety (90) days prior to the introduction 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 andby delivering a copy of such notice

-1813-Hon. BepBarnes, page 2 (C- 333)

and such bill to the Qovernor whoshall submit such notice andbill to the Texas Water Commlsslon, or Its successor, which shall file its recommendation a8to such bill with the Governor, Lieutenant Qovernor andSpeaker of the HOUBe of Representatives within thirty (30) days from date notice wasreceived 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 andreolamatlon district if such bill (1) adds dditi 1 1 dt 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 quallfloations or ~termsof office of the membersof the governing body of the district.” (Bnphasls added)

The statutory enactments concerning navlgation dlstrlcts andnavigation andport dletrlcte are found for the most part in Articles 9199-9263k, Vernon’s Civil Statutes. Theforegoing 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 andnavigation andport districts..

Section 52 of Article III of the Conetltutlon of Texas provides ln part that:

. .under legislative provision. defined district nowor hereafter to be desor ‘Yb ed anddefined within the State of Texas.

. .upon a vote of a twothirds majority of the resident property taxpayers voting thereon.

. .mayissue 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 prp 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 3amended, provides In part that:

“(a) Theconservation anddevelopment of all the natural resources of this State, lneluding the control, storing, preservation and distribution of Its storm and flood waters, the waters of its rivers and stresms, for lrrlgs,tlon, power andall other useful purposes, the reoaamatlon and irrigation of its arid, semi-arid and other lands needlng Irrigation, the reclamation anddrainage of Its overflowed lands, and other lands needing drainage, the conservation and development of Its forests, water andhydroelectric 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; andthe Legislature shall pass all such laws as maybe appropriate thereto.

“(b) There maybe created with- the State of Texas. or the State ma9be divided Into, such numberoi‘ conservation anareclamation dls~rlcta
as maybe,aetewlned to be essentlsl to the accomplishment of the purposes of this sicendmentto the constitution, which districts shall be governmental agencies andbodies politic and oorporate with such powers of government andwith the authority to exercise such rights, privileges and functions concerning the subject matter of this amendmentas maybe conferred by law. (Emphasis added)

” ”

. . . Section 52 of Article III of the Constltutlon of Texas
was ado ted

II In 1904, but by 1917 It had become recognized that the 190 amendmentwastoo restrlctlve in Its limitation as to the maximumamountof Indebtedness which a district might create. Consequently, ln 1917, Section 59 of Article XVIof the Constltutlon Wasadopted 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 andSeotlon 59 of Article XVIof the Constitution of Texas.)

-1815-Hon. BenBarnes, page 4 (C-393)

Article 9263a, Vernon's Civil Statutes, enacted after the adoption of Section 59of 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 amendmentwhich wasproposed b HouseJoint Resolution 3, andwhich has nowbecome Section 599d) of Article XVIof the Constitution of Texas, had clearly as its lntenkthe amending of Section 59 of Article M of the Constltutlon of Texas, weare of the opinion that all of those districts created pursuant to or opeliating under Section 59 of Article XVI of the Constitution of Texas, andthe statutes enacted pursuant thereto, are subjectto the provlalons of HouseJoint Reeolution 9. While Section 59,of Article XVI of the Constitution of Texas merely refers to "conservation andreclamation districts," we are of the wther opitlon that such term, nconservatlon and reclamation districts, Includes navigation districts andnavigation andport districts. In fact if such were not the case, there would be noauthorization for the existence of those navlgatlon districts andnavigation andport districts presently operating pursuant to the provisions of Section 59 of Article XVI of the Constitution of Texas, andexercising the powers conferred by Section 59 of Article XVI of the Constitution of ~Texas.

iLsHouse Joint Resolution 9wasrestricted solely to amending Section 59 of Article M of the Constitution of Texas,
weare of the opinion that those navigation districts andnavigation andport districts created under, andpresently operating pursuant to, Section 52 of Article III of the Constitution of Texas are not sub 9, nowSe&Ion 59d)

tect to the provlalons of HouseJoint Resolution of Article XVIof the Constitution of Texas. ~However, If a navigation district or a navigation andport district created and operated pursuant to Section 52 of Article III of the Constitution of Texas has elected to be governed by Section 59of Article XVIof the Constltut,lon of Texas, pursuant.to Article 8263, then such district {wouldbe subject to the pravlsions contained in HouseJoint Resolution %-the present Section 59(d) of Article M of the Constitution of Texas.

SUMMARY

Therestrlctlons.snd requirements of the constitutional amendmentto Section 59 of Article

-1816-Hon. BenBarnes, page 5 (C- 333)

XVI of the Constitution, as authorized by House Joint Resolution 3, 58th Leg. Regular Session, 1963, p. 1303, nowSection 59(d) of Article XVI of the Constitution of Texas, are applicable to navigation districts andnavigation andport districts operated pursuant to the provisions of Section 59 of Article XVI of the Constitution of Texas, but are not applicable to those navlgatlon districts andnavigation andport 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: OPINIONCOMMITTEE

W.V. Geppert, Chairman John Reeves Roger Tyler Arthur Sandlln Malcolm Quick

APPROVEDFOR

THEATTORNEY

GENERAL BY: Stanton Stone

-1817-