89th Legislature

SB 1733

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 1733 proposes modifications to the governance structure of the Calhoun Port Authority, a political subdivision responsible for managing port operations in Calhoun County, Texas. The bill amends Sections 5003.051 and 5003.053 of the Special District Local Laws Code to increase the number of navigation commissioners from six to seven. This adjustment is achieved by creating a new at-large commissioner position to be elected by all voters within the port authority's jurisdiction, supplementing the six existing precinct-based commissioner positions.

The bill outlines the procedures for electing the new at-large commissioner and clarifies how terms are to be staggered after redistricting. Specifically, commissioners elected from new precincts must draw lots to determine whether they will serve two- or four-year terms in the initial cycle, helping to maintain the staggered election schedule. It also requires all candidates to be qualified voters and property owners residing in the jurisdiction they seek to represent, ensuring a level of accountability and vested interest in the region.

Additionally, SB 1733 directs the governor to appoint an interim at-large commissioner within 30 days of the bill's effective date. The first election for the at-large commissioner position will take place in May 2027, aligning with the uniform election calendar for odd-numbered years. These governance reforms are intended to broaden voter representation on the board and ensure balanced oversight of port operations as the authority evolves.

The originally filed version of SB 1733 and the Committee Substitute version both propose increasing the number of navigation commissioners on the Calhoun Port Authority board from six to seven by adding an at-large commissioner elected by voters of the entire port district. However, the Committee Substitute introduces a few substantive and clarifying changes not present in the originally filed bill.

First, the originally filed version refers to the governing body as elected by the voters of the “district,” whereas the substitute version corrects and aligns terminology by consistently using “port authority,” avoiding confusion about jurisdictional scope. This small but meaningful adjustment aligns with existing statutory definitions and improves legal clarity.

Second, the Committee Substitute refines candidate eligibility language. In the original bill, applicants for the at-large seat must be residents of “Calhoun County.” In the substitute version, this is changed to being a resident of the “port authority,” ensuring eligibility criteria reflect the actual district represented, which may not be coextensive with county boundaries.

Lastly, the Committee Substitute omits the extensive procedural notice and compliance language found in Section 5 of the original bill related to constitutional and statutory prerequisites for local legislation. These clauses are often included to affirm procedural validity but may have been removed or moved to an accompanying legislative analysis or background memorandum in the substitute.

In summary, the Committee Substitute improves clarity, legal alignment, and administrative precision over the filed version, refining key definitions and removing procedural language likely deemed duplicative or nonessential in the bill text.
Author
Lois Kolkhorst
Sponsor
J. M. Lozano
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 1733 is not expected to have any fiscal implications for the State of Texas. The proposed changes to the composition of the Calhoun Port Authority's board—specifically the addition of a seventh, at-large commissioner—would not require additional state expenditures or result in increased costs to the state budget.

At the local level, the bill is likewise anticipated to have no significant fiscal impact. This implies that while there may be minor administrative or logistical costs associated with organizing the election for the new at-large commissioner position or adjusting board operations, these are expected to be absorbable within the existing budgetary framework of the Calhoun Port Authority or other local entities.

Overall, the bill is fiscally neutral from both a state and local perspective and does not necessitate any new funding mechanisms, appropriations, or tax increases to implement its provisions.

Vote Recommendation Notes

Currently composed of six members, the Calhoun Port Authority board is susceptible to tie votes that can lead to operational gridlock. According to the author’s statement of intent, this gridlock has hindered the port’s effectiveness. By expanding the board to seven commissioners and creating an at-large seat elected by all voters in the port authority, the bill aims to ensure smoother governance and decision-making.

The analysis highlights that this proposed structure mirrors that of other major Texas port authorities, including those in Houston, Corpus Christi, and Galveston, which already operate with odd-numbered boards to avoid stalemates. This comparative framing strengthens the case for SB 1733 as a standard-setting measure rather than a unique or burdensome expansion of local government. Additionally, the transition plan—beginning with a gubernatorial appointment followed by a public election in 2027—demonstrates a thoughtful, phased approach to implementation.

Importantly, the bill analysis confirms that no new rulemaking authority is granted and that the only changes pertain to board composition and election procedures. Combined with the legislative budget finding of no significant fiscal impact, this bill is a pragmatic update to ensure the functionality of a key economic and logistical entity. In light of these factors, Texas Policy Research recommends that lawmakers vote YES on SB 1733.

  • Individual Liberty: By creating an at-large commissioner elected by all voters within the Calhoun Port Authority, the bill modestly enhances individual liberty through expanded democratic representation. Citizens will gain a greater voice in choosing a commissioner who represents the entire district, not just a single precinct. This structural adjustment supports broader civic engagement and responsive governance.
  • Personal Responsibility: The bill does not involve mandates or incentives that influence personal decision-making or behavior. It focuses exclusively on institutional structure and electoral processes, with no bearing on individual responsibility or autonomy.
  • Free Enterprise: While indirect, the bill’s intent to reduce board gridlock and improve operational efficiency at the port could benefit the business community. Ports are a vital infrastructure for trade and logistics, and better governance may lead to more responsive, streamlined services for businesses that depend on the port’s operations. The measure aligns with the principle of creating an environment where private enterprise can thrive with minimal disruption from inefficient public administration.
  • Private Property Rights: The bill does not alter laws or regulations related to land ownership, eminent domain, zoning, or property use. It has no impact—positive or negative—on property rights.
  • Limited Government: While the bill does increase the size of the Calhoun Port Authority’s board by one member, this expansion is narrowly tailored and justified by a clear functional need: to avoid tie votes that hinder governance. From a limited government standpoint, this is a justified adjustment rather than an overreach, especially given the absence of any new regulatory powers or costs to taxpayers.
Related Legislation
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