SPECIAL DISTRICTS CODE
TITLE 5. TRANSPORTATION
SUBTITLE A. NAVIGATION DISTRICTS AND PORT AUTHORITIES
CHAPTER 5001. ARANSAS COUNTY NAVIGATION DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
§ 5001.001. DEFINITION. In this chapter, "district"
means the Aransas County Navigation District No. 1.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 5001.002. NATURE OF DISTRICT. The district is a
navigation district operating under Section 59, Article XVI, Texas
Constitution.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 5001.003. DISTRICT TERRITORY. The district is
composed of all the territory in Aransas County, unless the
district territory is modified under:
(1) Section 3 or 3a, Chapter 103, Acts of the 41st
Legislature, 1st Called Session, 1929 (Article 8263a, Vernon's
Texas Civil Statutes), after May 14, 1949, and before August 30,
1971;
(2) Subchapter H, Chapter 62, Water Code; or
(3) other law.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 5001.004. GOVERNANCE OF DISTRICT. The district is
governed by Chapter 62, Water Code, and all statutes relating to a
navigation district created under that chapter.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
SUBCHAPTER B. DISTRICT PROMOTION AND DEVELOPMENT FUND
§ 5001.051. DEFINITIONS. In this subchapter:
(1) "Commission" means the navigation and canal
commission of the district.
(2) "Fund" means a promotion and development fund
created by the district.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 5001.052. AUTHORITY TO CREATE FUND. The district may
create a promotion and development fund.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 5001.053. LIMITATION ON DEPOSITS TO FUND. The
district may deposit to the credit of the fund not more than five
percent of its gross income from operations in a calendar year.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 5001.054. SEPARATE FUND. (a) Money in the promotion
and development fund shall be kept separate from all other funds and
accounts of the district.
(b) Money derived from the imposition of taxes may not be
deposited to the credit of the fund.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 5001.055. AUTHORIZED EXPENDITURES OF MONEY IN
FUND. Money in the fund may be spent by the commission, or as the
commission may direct, to pay any expense connected with:
(1) an activity or matter incidental to the
advertising, development, or promotion of the district or a port,
waterway, harbor, or terminal of the district;
(2) the furtherance of the general welfare of the
district or a facility of the district; or
(3) the improvement of the district's relations with a
steamship or rail line, a shipper, a consignee of freight, a
government official, or another person interested or thought to be
interested in a port, waterway, harbor, or terminal of the
district.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 5001.056. CONTROL OVER FUND AND EXPENDITURES. The
commission:
(1) has exclusive control over the fund; and
(2) is fully responsible for auditing, approving, and
safeguarding each expenditure of money from the fund.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 5001.057. DUTIES OF COUNTY AUDITOR IN RELATION TO
FUND. (a) The county auditor shall exercise the auditor's usual
supervision and control to ensure that the commission complies with
Section 5001.053.
(b) The county auditor may not audit expenditures from the
fund but is entitled to receive a monthly statement that shows with
respect to each expenditure:
(1) the date of the expenditure;
(2) the amount of the expenditure;
(3) the person or entity who received the expenditure;
and
(4) the general purpose of the expenditure.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 5001.058. EFFECT OF FUND ON OTHER EXPENDITURES. The
creation of the fund or an expenditure of money from the fund does
not affect the payment of any expense that is customarily approved,
audited, or paid out of the regular funds of the district.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
