Untitled Texas Attorney General Opinion ( 1969 )

Honorable John Allen Opinion No. M-352 Chairman, Coneervation and Reclamation Committee, Re: Senate Bill No. 232, House of Representatives Changing appointment State Capitol Building of Board of Mrectore Austin, Texas 78711 of the Qalveston County Water Authority; con- stitutionality under Section 59(d) of Article Dear Mr. Allen: XVI, Texas Constitution. You have requested an opinion concerning the applica- tion of the requirement of Section 59(d) of Article XVI, of the Constitution of Texas, to Senate Bill No. 232, 6lst Legislature. Senate Bill No. 232 proposes to amend the Act which created'the Galveston County Water Authority. Article 8280- 339, V.C.S. Under that Act, vacancies on the Board of Dlrec- tors are filled by appointment of the CormnlasionersCourt of Galveston County. Senate Bill No. 232 would require after May 1, 1969, that three of the seven directors shall be resi- dents of the City of Galveston and shall be appointed by the Commissioners Court upon the recommendation of the Galveaton City Council. Section 5 of the present Act does not contain that requirement. Section 59(d) of Article XVI of the Constitution of Texas provides that notice of the Intention to Introduce any bill which alters the qualifications or term@ of the office of the members of the gove?nlng body of the district, together with a copy of the bill, shall have been published at leaat thirty days and not more than ninety 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 located, and by delivering a copy of such notice and such bill to the CfOvernor,who shall submit such notice and bill to the Texas Water Rights Commission, which shall In turn file its recommendations as to such bill with the Governor, Lieutenant Governor and -1744- Ron. John Allen, page 2(M-352) Speaker of the House of Representatives within thrlty days from the date notice was received by the Commission. You Indicate In your request that "The Texas Water Rights Commission has raised the question that this Bill alters the qualifications of the directors, thus bringing the Bill within thenpurview of Section 59(d) of Article XVI .(' You state that such constitutional notice require- ments have not been met. It is the opinion of this office that Senate Bill No. 232 If enacted Into law would be con- trary to Section 59(d) of Article XVI of the Constitution of Texas. Attorney General Opinion M-59 (1967). SUMMARY Senate Bill No.'Z?32,relating to the appolnt- ment of the.Board of Directors of the Galves- ton County Water Authority, If enacted, would be In violation of Section 59(d) of Article XVI of the Texas Constitution, as the noticea provided for In Section 59(d) of Article XVI were not given. truly youra, rney General of Texae Prepared by Vlnce Taylor APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman George Kelton, Vice-Chairman John R. Qrace Fisher A. Tyler Roland Allen Houghton Brownlee W. V. Geppert Staff &gal Assistant - 1745 -