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 

932 Leg., 

9, 

Regular Session, 

? 

1909, are applicable 

to i)'i navigation district, 

Dear Mr. Barnes: 

~:~t;i~vlgatlon and port 

. 

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 reclsmatlon 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 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 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 Commlsslon, 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 quallfloations or ~terms of office of the members of 

the governing body of the district.” (Bnphasls 

added) 

The statutory enactments concerning navlgation dlstrlcts and navigation and port dletrlcte are found for the most 

part in Articles 9199-9263k, Vernon’s Civil Statutes. The foregoing 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, lneluding 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 reoaamatlon 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 hydroelectric 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 thereto. 

“(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 accomplishment 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 exercise such rights, privileges and functions concerning 

the subject matter of this amendment as may be 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 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 Constltutlon 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 Constltutlon 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 navigation and port districts. In fact if such were not the case, 

there would be no authorization for the existence of those navlgatlon 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 navigation and port districts created under, and presently operating 

pursuant to, Section 52 of Article III of the Constitution of 

Texas are not sub 

9, now Se&Ion 59 t d) 

ect to the provlalons of House Joint Resolution 

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 contained 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 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 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 

APPROVEDFOR THE ATTORNEY GENERAL 

BY: Stanton Stone 

-1817-