SUBCHAPTER A. GENERAL PROVISIONS

  1. Sec. 5002.001. DEFINITIONS. In this chapter:
    1. (1) "Board" means the port commission of the district.
    2. (2) "Commissioner" means a port commission member.
    3. (3) "District" means Port Freeport.
    Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
    Amended by:
    Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 21.050, eff. September 1, 2009.
  1. 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.
  2. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
  1. 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.
  2. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
  1. 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. (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. (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. (3) Subchapter H, Chapter 62, Water Code; or
    4. (4) other law.
    Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.

SUBCHAPTER B. DISTRICT ADMINISTRATION

  1. Sec. 5002.051. PORT COMMISSION; TERM; ELECTION. (a) The district is governed by an elected board consisting of six commissioners.
  2. (b) Commissioners serve staggered six-year terms.
  3. (c) An election shall be held in the district every two years to elect two commissioners.
  4. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
    Amended by:
    Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 21.051, eff. September 1, 2009.
  1. 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.
  2. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
  1. Sec. 5002.053. ELECTION BY POSITION; QUALIFICATIONS. (a) Commissioners are elected by position as follows:
    1. (1) the commissioner elected for Position 1 is at large and must reside in the district;
    2. (2) the commissioners elected for Positions 2 and 3 must reside in Navigation Precinct No. 1;
    3. (3) the commissioner elected for Position 4 must reside in Navigation Precinct No. 2;
    4. (4) the commissioner elected for Position 5 must reside in Navigation Precinct No. 3; and
    5. (5) the commissioner elected for Position 6 must reside in Navigation Precinct No. 4.
  2. (b) Each commissioner must be a qualified voter of the district.
  3. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
  1. 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. (1) in writing and signed by the candidate; or
    2. (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 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
  1. Sec. 5002.055. ELECTION ADMINISTRATION; NOTICE OF ELECTION. (a) The board shall make arrangements for each election.
  2. (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.
  3. (c) All district voters may vote for candidates for commissioner in all navigation precincts.
  4. (d) The board shall declare the results of each election.
  5. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
  1. Sec. 5002.056. DATE COMMISSIONER TAKES OFFICE. A commissioner shall take office on the appropriate date following the person's election.
  2. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
  1. Sec. 5002.057. BOND. As a qualification for office, a commissioner must post a bond in the amount of $10,000 that is:
    1. (1) executed by the commissioner and by two solvent sureties or by a surety company authorized to do business in this state; and
    2. (2) approved by the county judge of Brazoria County.
    Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
  1. 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.
  2. (b) If more than two vacancies occur at the same time, the remaining commissioners shall call a special election to fill the vacancies.
  3. (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. (1) order that an election be held, specifying the date of the election;
    2. (2) order the Brazoria County clerk to publish notice of the election; and
    3. (3) name the officers to hold the election.
  4. (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.
  5. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
  1. Sec. 5002.059. DISTRICT TREASURER. (a) The board shall appoint from time to time a person to serve in the office of district treasurer.
  2. (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.
  3. (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.
  4. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.

SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS

  1. Sec. 5002.101. DEPOSITORY. (a) The board by resolution shall designate a bank in Brazoria County as the district's depository.
  2. (b) The designated bank serves as the depository for a term of two years and until a successor depository has been selected.
  3. (c) All money of the district shall be secured in the manner provided for the security of county funds.
  4. (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. (1) deposit all taxes collected for the district in the depository bank designated as depository for Brazoria County; and
    2. (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 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
  1. 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.
  2. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.

Advertisement

Content on this website is periodically collected from the Texas Legislature's official website. If you notice any errors, please contact Travis Hohl. Travis is not affiliated with the Texas Legislature.

Privacy Policy