CHAPTER 5002. PORT FREEPORT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 5. TRANSPORTATION

SUBTITLE A. NAVIGATION DISTRICTS AND PORT AUTHORITIES

CHAPTER 5002. PORT FREEPORT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 5002.001. DEFINITIONS. In this chapter:

(1) "Board" means the port commission of the district.

(2) "Commissioner" means a port commission member.

(3) "District" means Port Freeport.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.04, eff. April 1, 2009.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 21.050, eff. September 1, 2009.

Sec. 5002.002. NATURE AND PURPOSE OF DISTRICT. The district is

created under Section 59, Article XVI, Texas Constitution, to

make improvements for the navigation of inland and coastal

waters, and for the preservation and conservation of inland and

coastal waters for navigation and for control and distribution of

storm and flood waters of rivers and streams in aid of

navigation.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.04, eff. April 1, 2009.

Sec. 5002.003. LEGISLATIVE FINDINGS. All property situated in

the district and subject to taxation will benefit from the

improvements to be constructed by the district.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.04, eff. April 1, 2009.

Sec. 5002.004. DISTRICT TERRITORY. The district is composed of

the territory in Brazoria County described by Section 1, Chapter

55, Acts of the 40th Legislature, 1st Called Session, 1927, as

that territory may have been modified under:

(1) Section 3, Chapter 103, Acts of the 41st Legislature, 1st

Called Session, 1929 (Article 8263a, Vernon's Texas Civil

Statutes), on or after May 23, 1929, and before August 30, 1971;

(2) Section 3a, Chapter 103, Acts of the 41st Legislature, 1st

Called Session, 1929 (Article 8263a, Vernon's Texas Civil

Statutes), on or after May 16, 1951, and before August 30, 1971;

(3) Subchapter H, Chapter 62, Water Code; or

(4) other law.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.04, eff. April 1, 2009.

SUBCHAPTER B. DISTRICT ADMINISTRATION

Sec. 5002.051. PORT COMMISSION; TERM; ELECTION. (a) The

district is governed by an elected board consisting of six

commissioners.

(b) Commissioners serve staggered six-year terms.

(c) An election shall be held in the district every two years to

elect two commissioners.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.04, eff. April 1, 2009.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 21.051, eff. September 1, 2009.

Sec. 5002.052. NAVIGATION PRECINCTS. For the purpose of

electing commissioners, the district is divided into four

navigation precincts. The boundaries of the navigation precincts

are described by Section 4a, Chapter 55, Acts of the 40th

Legislature, 1st Called Session, 1927.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.04, eff. April 1, 2009.

Sec. 5002.053. ELECTION BY POSITION; QUALIFICATIONS. (a)

Commissioners are elected by position as follows:

(1) the commissioner elected for Position 1 is at large and must

reside in the district;

(2) the commissioners elected for Positions 2 and 3 must reside

in Navigation Precinct No. 1;

(3) the commissioner elected for Position 4 must reside in

Navigation Precinct No. 2;

(4) the commissioner elected for Position 5 must reside in

Navigation Precinct No. 3; and

(5) the commissioner elected for Position 6 must reside in

Navigation Precinct No. 4.

(b) Each commissioner must be a qualified voter of the district.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.04, eff. April 1, 2009.

Sec. 5002.054. PLACING CANDIDATE ON BALLOT. A request for

placing the name of a candidate on the ballot must be filed with

the board's presiding officer and be:

(1) in writing and signed by the candidate; or

(2) in the form of a petition signed by at least 25 qualified

voters of the district.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.04, eff. April 1, 2009.

Sec. 5002.055. ELECTION ADMINISTRATION; NOTICE OF ELECTION. (a)

The board shall make arrangements for each election.

(b) Notice of the election, signed by the board's presiding

officer or secretary, must be published once a week for two

consecutive weeks in a newspaper of general circulation within

the district. The first publication must occur not later than

the 14th day before the date of the election.

(c) All district voters may vote for candidates for commissioner

in all navigation precincts.

(d) The board shall declare the results of each election.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.04, eff. April 1, 2009.

Sec. 5002.056. DATE COMMISSIONER TAKES OFFICE. A commissioner

shall take office on the appropriate date following the person's

election.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.04, eff. April 1, 2009.

Sec. 5002.057. BOND. As a qualification for office, a

commissioner must post a bond in the amount of $10,000 that is:

(1) executed by the commissioner and by two solvent sureties or

by a surety company authorized to do business in this state; and

(2) approved by the county judge of Brazoria County.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.04, eff. April 1, 2009.

Sec. 5002.058. VACANCIES. (a) Except as otherwise provided by

this section, if a vacancy occurs in the office of commissioner,

the board shall appoint a commissioner for the remainder of the

unexpired term.

(b) If more than two vacancies occur at the same time, the

remaining commissioners shall call a special election to fill the

vacancies.

(c) If the remaining commissioners fail to call the election

within 15 days after the date the vacancies occur, the judge or

judges of the district court or courts of the judicial district

in which the district is located, on the petition of a voter or

creditor of the district, may:

(1) order that an election be held, specifying the date of the

election;

(2) order the Brazoria County clerk to publish notice of the

election; and

(3) name the officers to hold the election.

(d) The returns of an election held by order of the district

judge or judges shall be made and filed in the office of the

clerk of the district court, and the clerk of the district court

shall declare the result of the election.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.04, eff. April 1, 2009.

Sec. 5002.059. DISTRICT TREASURER. (a) The board shall appoint

from time to time a person to serve in the office of district

treasurer.

(b) The district treasurer shall perform the duties for the

district that were performed before September 1, 1999, by the

county treasurer of Brazoria County.

(c) Before receiving district money from any source, the

district treasurer shall execute a good and sufficient bond

payable to the board for the benefit of the district in an amount

set by the board.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.04, eff. April 1, 2009.

SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS

Sec. 5002.101. DEPOSITORY. (a) The board by resolution shall

designate a bank in Brazoria County as the district's depository.

(b) The designated bank serves as the depository for a term of

two years and until a successor depository has been selected.

(c) All money of the district shall be secured in the manner

provided for the security of county funds.

(d) The tax assessor and collector for Brazoria County or

another official performing the duties of tax assessor and

collector for the district shall:

(1) deposit all taxes collected for the district in the

depository bank designated as depository for Brazoria County; and

(2) promptly transfer and deposit the money to the district's

account in the district's depository.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.04, eff. April 1, 2009.

Sec. 5002.102. MAINTENANCE OF BOOKS, RECORDS, AND ACCOUNTS. The

district shall maintain the books, records, and accounts of the

district. The Brazoria County treasurer is not required to

maintain any books, records, or accounts for the district other

than as required by the board.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.04, eff. April 1, 2009.