2005 Texas Agriculture Code CHAPTER 202. WIND EROSION DISTRICTS

AGRICULTURE CODE

CHAPTER 202. WIND EROSION DISTRICTS

SUBCHAPTER A. GENERAL PROVISIONS


	§ 202.001. DEFINITIONS.  In this chapter:                                   
		(1)  "District" means a wind erosion conservation 
district.                 
		(2)  "Governing body" means the governing body of a 
wind erosion conservation district.

Acts 1981, 67th Leg., p. 1482, ch. 388, § 1, eff. Sept. 1, 1981.           


	§ 202.002. PURPOSE.  The purpose of a district created 
under this chapter is to conserve the soil by:
		(1)  prevention of unnecessary erosion caused by wind;  
and                 
		(2)  reclamation of land that has been depreciated or 
denuded of soil by wind.

Acts 1981, 67th Leg., p. 1483, ch. 388, § 1, eff. Sept. 1, 1981.           


	§ 202.003. AUTHORIZATION.  (a) The creation and 
incorporation of a wind erosion conservation district is authorized 
under Article XVI, Section 59, of the Texas Constitution.
	(b)  A district created and incorporated under this chapter 
is a state agency and may exercise rights, privileges, and 
functions granted under this chapter and Article XVI, Section 59, 
of the Texas Constitution.

Acts 1981, 67th Leg., p. 1483, ch. 388, § 1, eff. Sept. 1, 1981.           


	§ 202.004. DISTRICT BOUNDARIES;  NAME.  A district must 
be coextensive with the boundaries of a county and must bear the 
name of that county.

Acts 1981, 67th Leg., p. 1483, ch. 388, § 1, eff. Sept. 1, 1981.           

SUBCHAPTER B. CREATION OF DISTRICT


	§ 202.011. PETITION AND ELECTION ORDERS.  (a) The 
qualified property tax paying voters of any county may petition the 
commissioners court of the county to conduct an election on the 
creation of a district.  The petition must be signed by at least 50 
qualified property tax paying voters.
	(b)  After receiving a petition under this section, the 
commissioners court shall order that an election be held throughout 
the county to determine whether or not a district should be created.

Acts 1981, 67th Leg., p. 1483, ch. 388, § 1, eff. Sept. 1, 1981.           


	§ 202.012. ELECTION.  (a) The procedure for holding and 
declaring the result of an election must be in substantial 
compliance with requirements for elections to vote bonds for public 
improvements.
	(b)  In order to vote at an election, a person must be a 
qualified property tax paying voter.
	(c)  The ballot for the election must be printed to provide 
for voting for or against the proposition:  "Creating and 
incorporating the _________ County Wind Erosion Conservation 
District," with the blank space printed with the name of the county 
in which the election is held.

Acts 1981, 67th Leg., p. 1483, ch. 388, § 1, eff. Sept. 1, 1981.           


	§ 202.013. RETURNS;  EFFECT OF ELECTION.  (a) The 
commissioners court shall:
		(1)  canvass the returns of the election;  and                                
		(2)  declare the result by entering it in the minutes of 
the commissioners court.
	(b)  If a majority of votes are cast for the proposition, the 
county judge shall issue an order declaring the district to be 
created and incorporated.  The order must be entered in the minutes 
of the commissioners court and a certified copy of the order must be 
entered into the deed records of the county.
	(c)  Upon completion of the requirements under this section 
by the commissioners court and county judge, the district is 
created and incorporated.

Acts 1981, 67th Leg., p. 1483, ch. 388, § 1, eff. Sept. 1, 1981.           

SUBCHAPTER C. ADMINISTRATION


	§ 202.021. GOVERNING BODY.  (a) The governing body of a 
wind erosion conservation district is the commissioners court.
	(b)  The county judge shall serve as chairman of the board 
and may vote in case of a tie.
	(c)  The county treasurer shall serve as treasurer of the 
district and shall manage funds, obligations, and securities of the 
district in compliance with the orders of the governing body.
	(d)  The county treasurer shall execute and deliver to the 
county judge a bond that is:
		(1)  in the penal sum of not less than $5,000 nor more 
than $10,000;        
		(2)  conditioned on the faithful discharge of the 
treasurer's duty to dispose of the funds and obligations of the 
district as required by this chapter;  and
		(3)  signed by a solvent surety company authorized to 
do business in this state.
	(e)  The district shall pay the premium on the bond required 
of the county treasurer by Subsection (d) of this section.
	(f)  The county clerk shall serve as clerk of the district 
and shall:        
		(1)  keep an accurate record of orders, minutes, and 
resolutions of the governing body;
		(2)  countersign vouchers and documents of the 
governing body;  and         
		(3)  perform other duties directed by the governing 
body.                   
	(g)  Duties imposed on the governing body, the county clerk, 
and the county treasurer are ex officio duties.
	(h)  By vote, the governing body may authorize the district 
to pay compensation of not more than $25 a month to the county 
treasurer and county clerk.

Acts 1981, 67th Leg., p. 1484, ch. 388, § 1, eff. Sept. 1, 1981.           


	§ 202.022. GENERAL POWERS.  A district may:                                 
		(1)  prevent or aid in the prevention of damage to land, 
highways, and public roads due to the unnecessary movement of sand, 
dust, and soil from land inside or outside the district;
		(2)  make improvements and maintain facilities to stop 
or prevent wind erosion of soil or land in the district;
		(3)  enter land in the district to prevent soil erosion 
and damage to other land in the district;
		(4)  sue or be sued in its corporate capacity;                                
		(5)  adopt a corporate seal;  and                                             
		(6)  adopt bylaws and rules necessary to carry out its 
corporate functions. 

Acts 1981, 67th Leg., p. 1484, ch. 388, § 1, eff. Sept. 1, 1981.           


	§ 202.023. COOPERATION.  (a) The governing body of a 
district shall consult with:
		(1)  the director of the Texas Agricultural Experiment 
Station;             
		(2)  the county agent;                                                        
		(3)  the department;  and                                                     
		(4)  the soil erosion service of the United States 
Department of Agriculture.
	(b)  The district may conform to and cooperate in a regional 
conservation plan in order to further the purposes of this chapter.

Acts 1981, 67th Leg., p. 1484, ch. 388, § 1, eff. Sept. 1, 1981.           

SUBCHAPTER D. FINANCES


	§ 202.031. POWER TO BORROW MONEY.  (a) Subject to the 
requirements of Subsection (b) of this section, a district may:
		(1)  borrow money for the corporate purposes of the 
district;               
		(2)  pledge certificates, obligations, or securities 
held by the district as security for a loan;  and
		(3)  pledge and assign revenue or income to secure 
repayment of a loan.     
	(b)  An obligation, bond, warrant, debenture, or other 
evidence of indebtedness must:
		(1)  bear interest not to exceed five percent a year;                         
		(2)  mature within 10 years;                                                  
		(3)  be payable out of and secured by the revenue and 
income of the district;  and
		(4)  not be paid out of money received from ad valorem 
taxes.               

Acts 1981, 67th Leg., p. 1485, ch. 388, § 1, eff. Sept. 1, 1981.           


	§ 202.032. ACCEPTANCE OF FEDERAL FUNDS.  A district may:                    
		(1)  accept grants and borrow money from the federal 
government or a corporation or agency created or designated by the 
federal government to loan or grant money;  and
		(2)  enter into agreements necessary to receive grants 
or loans accepted or borrowed under this section.

Acts 1981, 67th Leg., p. 1485, ch. 388, § 1, eff. Sept. 1, 1981.           


	§ 202.033. ACCEPTANCE OF DONATIONS.  The governing body 
of a district may accept gifts, grants, donations, advances, and 
services from the United States or any government agency in order to 
further the purposes of this chapter.

Acts 1981, 67th Leg., p. 1485, ch. 388, § 1, eff. Sept. 1, 1981.           


	§ 202.034. AUTOMOBILE REGISTRATION FEES.  (a) The 
commissioners court of a county in which a district is located may 
transfer to the district an amount not to exceed 20 percent of 
automobile registration fees accruing to the county.
	(b)  The governing body of the district may spend funds 
received under this section on soil erosion work.
	(c)  On approval of the voters of the county, the 
commissioners court may transfer all or part of the county road and 
bridge fund to the district.

Acts 1981, 67th Leg., p. 1485, ch. 388, § 1, eff. Sept. 1, 1981.           


	§ 202.035. DISTRICT MAY NOT TAX.  A district created 
under this chapter may not impose an ad valorem tax or create an 
obligation payable by funds raised by taxation.

Acts 1981, 67th Leg., p. 1485, ch. 388, § 1, eff. Sept. 1, 1981.           


	§ 202.036. EXPENDITURES;  AUDITS.  (a) The governing body 
shall:          
		(1)  administer and disburse money and property 
received under this chapter in accordance with the law and in its 
discretion;  and
		(2)  expend money received under this chapter in 
accordance with laws applicable to commissioners courts.
	(b)  Accounts shall be audited annually and a copy of the 
audit shall be filed with the county clerk for public inspection.

Acts 1981, 67th Leg., p. 1486, ch. 388, § 1, eff. Sept. 1, 1981.           

SUBCHAPTER E. ASSESSMENT


	§ 202.041. ASSESSMENT.  The governing body may make an 
assessment on land in order to help pay for soil conservation work 
performed on that land to achieve the purposes of this chapter.

Acts 1981, 67th Leg., p. 1486, ch. 388, § 1, eff. Sept. 1, 1981.           


	§ 202.042. PREHEARING REQUIREMENTS.  Before holding an 
assessment hearing required by Section 202.044 of this code, the 
governing body shall:
		(1)  estimate the cost of the work;                                           
		(2)  tentatively allocate a portion of that cost to 
each landowner who is to benefit from the work;
		(3)  enter an order on its minutes setting a date for a 
hearing on whether the assessment shall be made;  and
		(4)  comply with the notice requirements under Section 
202.043 of this code.

Acts 1981, 67th Leg., p. 1486, ch. 388, § 1, eff. Sept. 1, 1981.           


	§ 202.043. NOTICE OF ASSESSMENT HEARING.  (a) The 
governing board shall give notice of an assessment hearing to each 
owner of property against which a lien or assessment is proposed.
	(b)  Notice need not state the name of an owner, interested 
party, or lienholder, but must contain:
		(1)  a brief description, by survey and block number or 
other reasonable means, of the land on which an assessment is to be 
imposed;
		(2)  a statement that a party desiring to contest the 
proposed assessment must appear at a hearing in the county 
courthouse of the county in which the land is located;  and
		(3)  a statement of the amount of the proposed 
assessment.                  
	(c)  Notice may be given in person to a landowner or by 
publication for two weeks in a newspaper of general circulation 
published in the county, the first publication to be not less than 
10 days before the day of the hearing.

Acts 1981, 67th Leg., p. 1486, ch. 388, § 1, eff. Sept. 1, 1981.           


	§ 202.044. ASSESSMENT HEARING.  (a) The governing body 
may not make an assessment for soil conservation work until the body 
holds a hearing to determine the necessity of the assessment.
	(b)  At the hearing the governing body shall determine:                        
		(1)  the amount of all assessments proposed for a 
particular project;  and  
		(2)  whether a particular piece of land proposed for an 
assessment will receive a benefit from the work equal to or in 
excess of the amount of the assessment.
	(c)  The governing body may not impose an assessment that is 
in excess of the actual benefit to the owner in protection of the 
property.  If the governing body determines that a piece of land 
will receive a benefit from the work equal to or in excess of the 
amount of the assessment, it shall impose the assessment.

Acts 1981, 67th Leg., p. 1486, ch. 388, § 1, eff. Sept. 1, 1981.           


	§ 202.045. PAYMENT OF ASSESSMENT.  (a) A property owner 
on whom an assessment is imposed may pay the assessment in three 
equal annual installments, which shall bear interest at the rate of 
five percent a year.
	(b)  The governing board shall evidence the assessment by 
recording a certificate in the deed records of the county.  The 
county judge shall sign the certificate and the county clerk shall 
attest to the certificate by corporate seal.
	(c)  When executed and levied, the certificate is a valid 
first lien on the property on which the assessment is made and when 
recorded is notice of the lien to a subsequent purchaser of the 
property.

Acts 1981, 67th Leg., p. 1487, ch. 388, § 1, eff. Sept. 1, 1981.           


	§ 202.046. ASSESSMENT LIEN.  The governing body may not 
make an assessment on property used, claimed, or occupied as a 
homestead, but may take a lien securing the assessment in the same 
manner as provided by law for taking a lien to secure the cost of 
improvements on a homestead.

Acts 1981, 67th Leg., p. 1487, ch. 388, § 1, eff. Sept. 1, 1981.           


	§ 202.047. FORECLOSURE ON LIEN.  If a property owner 
fails to pay an assessment at its maturity, the governing body may 
sue in a court of competent jurisdiction for foreclosure of the lien 
securing the assessment.  Upon foreclosure, the property shall be 
sold in the same manner as property sold under foreclosure of other 
liens on real estate.

Acts 1981, 67th Leg., p. 1487, ch. 388, § 1, eff. Sept. 1, 1981.