Untitled Texas Attorney General Opinion

The Attorney General of Texas
August 31, 1984
JIM MATTOX
Attorney General
Supreme Court Building Honorable Erwin W. Barton Opinion No. JM-201
P. 0. BOX 12546
Austin. TX. 76711. 2546
Chairman
5121475.2501 Human Services Coa3xittee Re: Whether the city of Pasadena
Telex 9101674.1367 Texas House of Representatives is entitled to representation on
Telecopier 512f475.0266 P. 0. Box 2910 the Port of Houston Authority
Austin, Texas 7t769
714 Jackson, Suite 7CQ
Dallas. TX. 75202.4506 Dear Representative Barton:
214/742-8944
You ask us alwut the appointment of commissioners to the Port of
Houston Authority ,f Harris County, Texas. Section 61.158(b) of the
4024 Alberta Ave., Suite 160
El Paso, TX. 79905.2793
Water Code providc:s that
915/53534sd
[t]wo ol’ the commissioners shall be appointed by a
majorit), of the city council of the municipality
Wl Texas. Suite 700 having zl population of 100,000 or more, and two of
,uston, TX. 77002.3111
the coumd.ssioners shall be appointed by a majority
713/223.5886
of the wmmissioners court.
806 Broadway. Suite 312 You inform us that the population of the city of Pasadena in Harris
Lubbock. TX. 79401.3479 County now exceed:3 100,000 and wish to know whether a majority of the
9W747.5238
city council of Pasadena is thereby entitled to appoint any
conrmlssioners to the board. We conclude that it is not.
4309 N. Tenth. Suite B
McAflen. TX. 76501.1665 The present authority was first created in 1909 as the Harris
51218824547 County Ship Channt!:. Navigation District by enabling legislation passed
pursuant to article III. section 52 of the Texas Constitution. The
200 Main Plaza. Suite 400 legislature enact si. in 1921, Senate Bill No. 93. a general statute
San Antonio. TX. 76205.2797 that applied to nrwigation districts that
512l2254191
have bel!n or may be created for the development of
An Equal Opportunity/
deep w,a:er navigation, ~. having a municipality
Affirmatiw Action Employer 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?:: Code and provides as follows:
p. 884
Honorable Erwin W. Barton - Page 2 (JM-201)
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 by a madority of the city council of the
I
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. We disagrea: for two reasons.
When called upon to interpret a statute, we can offer only an
interpretation
which expresses only the will 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 and will 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. 16 S.W.2d 1063 (Tex.
1929).
Section 61.158(b) of the code provides that
[t]wo of the commissioners shall be appointed by a
majority of the :ity council of the municipality
p. 885
Honorable Erwin W. Barton - :?age 3 (JM-201)
having a populatl~n of 100,000 or more. . . .
(Emphasis added).
The municipality to which r,ectlon 61.158 refers IS the municipality
having a population 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) A district, 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).
When the district was crea’:,! d the only city therein with a population
of 100,000 or more was Houston. Clearly, the only city then entitled
to appoint commissioners wz and remains 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 number would 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. 93 upon whi: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, we conclude 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
The city 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
TOM GREEN
First Assistant-Attorney General
p. 886
Honorable Erwin W. Barton - Page 4 (JM-201)
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by Jim.Hoellinger
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Chairman
David Brooks
Colin Carl
Susan Garrison
Jim Moellinger
Nancy Sutton
p. 887