CHAPTER 202. WIND EROSION DISTRICTS

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AGRICULTURE CODE

TITLE 7. SOIL AND WATER CONSERVATION

CHAPTER 202. WIND EROSION DISTRICTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

SUBCHAPTER B. CREATION OF DISTRICT

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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.

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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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.

the commissioners court and county judge, the district is created

and incorporated.

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

1981.

SUBCHAPTER C. ADMINISTRATION

Sec. 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.

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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

SUBCHAPTER D. FINANCES

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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.

court may transfer all or part of the county road and bridge fund

to the district.

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

1981.

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

SUBCHAPTER E. ASSESSMENT

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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.

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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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.

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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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.

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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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