Case Information
*1 The Attorney General of Texas August 31, 1984
JIM MATTOX
Attorney General
Supreme Court Building Opinion No. JM-201 P. 0. BOX 12546 Chairman Austin. TX. 76711. 2546 Re: Whether the city of Pasadena Human Services Coa3xittee to representation on Texas House of Representatives Telex 9101674.1367 the Port of Houston Authority Telecopier 512f475.0266 P. 0. Box 2910 7t769
Austin, Texas 714 Jackson, Suite 7CQ Dear Representative Barton: Dallas. TX. 75202.4506 214/742-8944
You ask us alwut the appointment of commissioners 61.158(b) of the ,f Harris County, Texas. 4024 Alberta Ave., Suite 160 Water Code providc:s El Paso, TX. 79905.2793 915/53534sd [t]wo ol’ the commissioners shall be appointed majorit), the city Wl Texas. Suite 700 having zl population of 100,000 or more, and two of ,uston, TX. 77002.3111 the coumd.ssioners 713/223.5886 of the wmmissioners You inform us that the population the city of Pasadena in Harris 806 Broadway. Suite 312 Lubbock. TX. 79401.3479 County now exceed:3 100,000 and wish to know whether a majority 9W747.5238 of Pasadena thereby any city
conrmlssioners to the board. We conclude it is not. 4309 N. Tenth. Suite B McAflen. TX. 76501.1665 The present authority was first in 1909 as the Harris 51218824547 County Ship Channt!:. Navigation District by enabling legislation passed
pursuant to article III. 52 of the Texas Constitution. enact si. in 1921, Senate Bill No. 93. a general 200 Main Plaza. Suite 400 that applied to nrwigation San Antonio. TX. 76205.2797 512l2254191
have bel!n or may be created for the development deep w,a :er navigation, ~. having a municipality An Equal Opportunity/ contain:ing one hundred Affirmatiw Action Employer thousanti population or more as determined by the
last prl:eding census. . . 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 the appointment cf commissioners. was. in turn, codified as section 61.158 of the Watl?:: Code and provides as follows: *2 Appointment of Commissioners
Section 61.158. the provisions of this subchapter are adopted by a d:L.rtrfct. shall be and controlled by a commission managed, governed, composed of commissioners, who shall be subject c;upervlsion and control of to
board.
(b) Tvo commissioners shall be appointed by a madority of the city council I ! municipality having a population of 100,000 or more, two ;‘f cossuissioners shall be sinted
(c) The chad.rman of the commission shall the fifth member ;md shall be elected by majority vote of the city, and commissioners court meeting joint session called by county judge.-
It is suggested that the ‘above underscored from Senate Bill No. 93 defining the s,:ope of the bill, i.e. having a municipality containinrO.000 or more, indicates legislattir~r intent the governing body of 9 located within such district which reaches a population of 100,000 after the creat:ion of the district
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. At all
1968) quoting Simmons v. I:!=, 220 S.W. 66, 70 (Tex. 1920). times subseauent its c!r.actment. an act should be given the same meaning 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
[t]wo of the commissioners
majority :ity *3 - :?age 3
having a populatl~n of 100,000 or more. . . 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 code. 61.151 code provides the following pertinent part:
(a) A district, for the development deep-water navigation which includes a city with a population of more: than 100,000, according to last preceding federal census, may operate
develop ports ard waterways inside
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 provides appointment of only crnmissioners. If the city of Pasadena were permitted to appoint commir~r;ioners. the number would clearly increase, an eventuality which does not contemplate. had intended ttat every municipality in such district
authorized to once that municipality reached a of 100.000, it would have so provided. 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 5 101,000 at the time of, or subsequent to, bill’s passage. According.L:r, we conclude that the city of Pasadena not entitled 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 to appc’int commissioners of Harris County. JIM MATTOX Attorney General of Texas TOM GREEN
First Assistant-Attorney General
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