JIMMATTOX Attorney General

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# TheAttorney General ofTexas August 31, 1984

Honorable Erwin W.Barton Chairman HumanServices Coa3xittee Texas House of Representatives P. 0. Box2910 Austin, Texas 7t769 Dear Representative Barton: Opinion No.JM-201
Re: Whether the city of Pasadena is entitled to representation on the Port of Houston Authority

You ask us alwut the appointment of commissioners to the Port of Houston Authority ,f Harris County, Texas. Section 61.158(b) of the Water Codeprovidc:s that

[t]wo ol’ the commissioners shall be appointed bya majorit), of the city council of the municipality having zlpopulation of 100,000 or more, andtwoof the coumd.ssioners shall be appointed byamajority of the wmmissioners court. You inform us that the population of the city of Pasadena in Harris County nowexceed:3 100,000 andwish to knowwhether amajority of the city council of Pasadena is thereby entitled to appoint any conrmlssioners to the board. Weconclude that it is not. The present authority was first created in 1909 as the Harris County Ship Channt!:.Navigation District byenabling legislation passed pursuant to article III. section 52 of the Texas Constitution. The legislature enactsi. in 1921, Senate Bill No. 93. a general statute that applied tonrwigation districts that

have bel!n or maybe created for the development of deep w,a:er navigation, ~.having a municipality contain:ing or hereafter containing one hundred thousanti population or more as determined by the last prl:eding census. . . . (Emphasis added). Acts 1921. 37th Lzg.. 2nd C.S.. ch. 30, 51, at 53. Article 8235, V.T.C.S., the statute contained in the 1921 enactment providing for the appointment cf commissioners. was. in turn, codified as section 61.158 of the Watl?::Codeandprovides as follows:

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Section 61.158. Appointment of Commissioners (a) If the provisions of this subchapter are adopted by a d:L.rtrfct. the district shall be managed, governed, and controlled by a commission composed of five commissioners, who shall be subject to the c;upervlsion and control of the board. (b) Tvo of the commissioners shall be appointed byamadority of the city council of the municipality having a population of 100,000 or more, and two ;‘f the cossuissioners shall be sinted by a majority of the commissioners court. (c) The chad.rman of the commission shall be the fifth member;md shall be elected by majority vote of the city, council and commissioners court meeting in joint session called by the county judge.- (Emphasis added).
It is suggested that the ‘above underscored language from Senate Bill No. 93 defining the s,:ope of the bill, i.e. districts having a municipality containing or hereafter containinrO.000 population or more, indicates legislattir~r intent that the governing body of 9 municipality located within such district which reaches a population of 100,000 after the creat:ion of the district is entitled to appoint commissioners. Wedisagrea: for tworeasons. Whencalled upon to interpret a statute, we can offer only an interpretation

which expresses only thewill of the makers of the law, not forced nor strained, but simply such as the words of thti!law In their plain sense fairly sanction andwill clearly sustain. Railroad Coxm~ission of Texas v. Miller, 434 S.W.2d 670, 672 (Tex. 1968) quoting Simmons v. I:!=, 220 S.W. 66, 70 (Tex. 1920). At all times subseauent to its c!r.actment. an act should be given the same meaning that it had at tha!time of its enactment. Ma&y v. Robison, 56 S.W.2d 438 (Tex. 1932); Townsend v. Terrell. 16S.W.2d 1063 (Tex. 1929).Section 61.158(b) of the code provides that

[t]wo of the commissioners shall be appointed bya majority of the :ity council of the municipality .

I !

p. 885Honorable Erwin W.Barton - :?age 3 (JM-201)

having apopulatl~n of 100,000 or more. . . . (Emphasis added). The municipality to which r,ectlon 61.158 refers IS the municipality having apopulation of 100,COO or more set forth in section 61.151 of the code. Section 61.151 of the code provides the following in pertinent part:

(a) Adistrict, created for the development of deep-water navigation which includes a city with a population of more:than 100,000, according to the last preceding federal census, may operate and develop ports ard waterways inside the district and extending to the Gulf of Mexico. (Emphasis added). Whenthe district was crea’:,!dthe only city therein with apopulation of 100,000 or morewas Houston. Clearly, the only city then entitled toappoint commissioners wz andremains Houston. Moreover, subsection (a) of section 61.158 provides for the appointment of only five crnmissioners. If the city of Pasadena were permitted to appoint commir~r;ioners. the numberwould clearly increase, an eventuality which the statute does not contemplate. If the legislature had intended ttat every municipality in such district be authorized to appoint commissioners once that municipality reached a population of 100.000, it would have so provided. The language of Senate Bill No. 93uponwhi:h you rely merely sets forth the brackets of the bill, determining the scope of the statute to districts with 5 municipality containing 101,000 at the time of, or subsequent to, the bill’s passage. According.L:r, weconclude that the city of Pasadena is not entitled to appoint c~smissioners to the district in the manner set forth in section 61.158:b) of the Water Code. SUMMARY Thecity coun:ll of the city of Pasadena is not entitled to appc ’int commissioners to the Port of Houston Authority of Harris County.

JIM MATTOX Attorney General of Texas TOMGREEN First Assistant-Attorney General

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DAVIDR. RICHARDS Executive Assistant Attorney General Prepared byJim.Hoellinger Assistant Attorney General APPROVED: OPINIONCOMMITTEE Rick Gilpin, Chairman David Brooks Colin Carl Susan Garrison JimMoellinger Nancy Sutton

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