CHAPTER 78. NOXIOUS WEED CONTROL DISTRICTS
AGRICULTURE CODE
TITLE 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL
PRODUCTS
SUBTITLE B. HORTICULTURAL DISEASES AND PESTS
CHAPTER 78. NOXIOUS WEED CONTROL DISTRICTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 78.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of a district.
(2) "District" means a noxious weed control district.
Acts 1981, 67th Leg., p. 1209, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.002. LEGISLATIVE DETERMINATION. The legislature has
determined that:
(1) noxious weeds are present in this state to a degree that
poses a threat to agriculture and is deleterious to the proper
use of soil and other natural resources; and
(2) reclamation of land from noxious weeds is a public right and
duty in the interest of conservation and development of the
natural resources of the state.
Acts 1981, 67th Leg., p. 1209, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.003. NOXIOUS WEED. For the purposes of this chapter, a
weed or plant is considered to be a noxious weed if declared to
be a noxious weed by:
(1) a law of this state; or
(2) the department acting under the authority of Chapter 61 of
this code or any other law of this state.
Acts 1981, 67th Leg., p. 1209, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.004. ELIGIBILITY TO SIGN PETITION. In order to sign a
petition under this chapter, a person must:
(1) hold title to land located in the district or proposed
district;
(2) be 18 years of age or older; and
(3) reside in a county all or part of which is located in a
district or proposed district.
Acts 1981, 67th Leg., p. 1209, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.005. ELIGIBILITY FOR VOTING. In order to vote in an
election under this chapter, a person must:
(1) be a qualified voter;
(2) reside in the district or in the proposed district;
(3) own taxable property within the district; and
(4) have rendered the property to the county tax assessor for
taxation as required by law.
Acts 1981, 67th Leg., p. 1209, ch. 388, Sec. 1, eff. Sept. 1,
1981.
SUBCHAPTER B. CREATION OF DISTRICT
Sec. 78.011. PETITION FOR CREATION OF DISTRICT. (a) Landowners
may petition a commissioners court for the creation of a noxious
weed control district authorized under Article XVI, Section 59,
of the Texas Constitution.
(b) The petition must contain:
(1) the signatures of 50 persons eligible to sign the petition
or of a majority of the persons eligible to sign the petition,
whichever is the lesser number;
(2) the name of the proposed district; and
(3) the boundaries of the proposed district.
(c) The petition may consist of more than one copy, and the
signatures on each copy shall be added to determine if the total
number of signatures required by this section have been obtained.
Acts 1981, 67th Leg., p. 1210, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.012. FILING PETITION. (a) The petition must be filed
in the commissioners court of the county in which the largest
part of the district is located.
(b) The person filing the petition shall deposit $500 in cash
with the county clerk of the county in which the petition is
filed.
Acts 1981, 67th Leg., p. 1210, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.013. DISTRICT BOUNDARIES; NAME. (a) A district may
include:
(1) a political subdivision or a defined district of this state;
(2) one or more counties, or a portion of one or more counties;
(3) all or a portion of a town, village, or municipal
corporation; or
(4) a body of land separated from the rest of the district.
(b) A district may not include:
(1) less than 32,000 acres;
(2) territory located in more than five counties;
(3) territory in more than one county, unless approved by the
majority vote of eligible voters who reside in the territory in
each county proposed to be included in the district; or
(4) land located in another district.
(c) A district must bear a name containing the words "noxious
weed control district."
Acts 1981, 67th Leg., p. 1210, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.014. HEARING REQUIRED. After receiving a petition for
the creation of a district, the commissioners court shall set a
date for a hearing to determine if an election should be held to
create a district. The hearing may be held at a regular or
special session of the court.
Acts 1981, 67th Leg., p. 1210, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.015. NOTICE OF HEARING. (a) Except as provided by
Subsection (b) of this section, the county clerk shall give
notice of a hearing required by Section 78.014 of this code by
publishing the notice two or more times, with an interval of
seven or more days between the first and second publication, in a
newspaper of general circulation in each county in which the
proposed district will be located.
(b) If a county in which a proposed district will be located
does not have a newspaper of general circulation, the county
clerk shall give notice by posting the notice for two weeks or
longer in four public places within the part of the county that
is located in the proposed district.
(c) Notice required by this section must contain a statement of:
(1) the purpose of the hearing;
(2) the date, time, and place of the hearing; and
(3) the boundaries of the district, which may be defined by a
general description that need not be a full legal description of
the district.
Acts 1981, 67th Leg., p. 1210, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.016. HEARING. At a hearing required by Section 78.014
of this code, a person whose land is included in or may be
affected by the proposed district may appear before the
commissioners court and testify for or against the creation of
the district. If the hearing lasts longer than one day, the
commissioners court may adjourn the hearing to another day.
Acts 1981, 67th Leg., p. 1211, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.017. ACTION AFTER HEARING. At the conclusion of a
hearing required under Section 78.014 of this code, the
commissioners court may:
(1) on a determination that the proposed district will provide a
public benefit to a substantial portion of the land within the
district, grant the petition;
(2) on a determination that certain land in the district will
not benefit from the creation of the district, redefine the
proposed district to exclude that land and grant the petition; or
(3) on a determination that the proposed district will not offer
a public benefit or benefit to a substantial portion of the land
included in the proposed district, refuse the petition.
Acts 1981, 67th Leg., p. 1211, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.018. NOTICE OF ELECTION; ELECTION ORDERS. (a) After
granting a petition under Section 78.017 of this code, the
commissioners court shall order an election to be held to
determine whether a district should be created.
(b) If the proposed district is located entirely in one county,
the county clerk shall post the notice at the county's courthouse
door and at four public places within the proposed district. If
the proposed district is located in more than one county, the
county clerk shall post the notice at each county's courthouse
door and at four public places within the proposed district in
each county.
(c) The county clerk shall post the notice before the 30th day
prior to the date of the election.
(d) The notice must contain a statement of:
(1) the purpose of the election;
(2) the time of the election;
(3) the locations at which the election will be held; and
(4) the boundaries of the proposed district.
Acts 1981, 67th Leg., p. 1211, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.019. ELECTION. (a) Except as otherwise provided by
this section, the procedure for conducting an election must be in
compliance with the election laws of this state.
(b) The commissioners court by order shall:
(1) create voting precincts in the proposed district;
(2) select a polling place or polling places within the
precincts, taking into consideration the convenience of the
voters; and
(3) appoint judges and other necessary election officers.
(c) Each eligible voter is entitled to vote at the election.
(d) Ballots for the election must be printed to provide for
voting for or against the proposition: "Creating the district and
making a uniform assessment of benefits not to exceed six cents
per acre."
Acts 1981, 67th Leg., p. 1211, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.020. RETURNS; EFFECT OF ELECTION. (a) Immediately
after the election, the election officers shall forward the
results to the commissioners court. The commissioners court shall
canvass the vote and enter an order declaring the result of the
election.
(b) If the proposed district is located entirely in one county,
the commissioners court shall issue an order declaring the
creation of the district if the majority of votes cast in the
county are for the proposition. If the proposed district is
located in more than one county, the commissioners court shall
issue an order declaring the creation of the district composed
only of land in those counties in which a majority of votes are
cast for the proposition.
(c) The commissioners court shall send a copy of the order to
the county clerk of each county in which a portion of the
district is located, and the county clerk shall file the order as
a public record.
Acts 1981, 67th Leg., p. 1212, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.021. EXPENSE OF CREATING DISTRICT. (a) After the
district is created, the county clerk shall:
(1) deduct from the fee deposited under Section 78.012 of this
code an amount equal to expenses incurred by the commissioners
court as a result of the creation of the district, including the
expense of the election; and
(2) after receiving a voucher signed by the county judge, refund
the remainder of the fee to the chairman of the board of the
district within 30 days after the day of the election of the
chairman.
(b) The board shall refund to the petitioners out of the first
money collected by the district the full amount of the fee
required under Section 78.012 of this code.
(c) If the commissioners court denies a petition or if the
result of an election is against the creation of the district,
the county clerk shall:
(1) deduct from the fee deposited under Section 78.012 of this
code an amount equal to expenses incurred by the commissioners
court as a result of consideration of the formation of the
proposed district, including the expense of any election held;
and
(2) after receiving a voucher signed by the county judge, refund
the remainder of the fee to the petitioners or their agent or
attorney.
Acts 1981, 67th Leg., p. 1212, ch. 388, Sec. 1, eff. Sept. 1,
1981.
SUBCHAPTER C. ADMINISTRATION
Sec. 78.031. BOARD OF DIRECTORS. (a) The board of directors of
a noxious weed control district is composed of five persons, each
of whom must:
(1) hold title to land located in the district;
(2) be 18 years of age or older; and
(3) reside in a county all or part of which is located in the
district.
(b) Except as provided by Section 78.032 of this code, the term
of office of a director is two years.
Acts 1981, 67th Leg., p. 1212, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.032. INITIAL BOARD OF DIRECTORS. (a) The commissioners
court that ordered creation of the district shall appoint five
eligible persons to serve as the first board of directors of the
district.
(b) If the district is composed of land in more than one county,
the commissioners court shall appoint one director from each
county within the district and fill any remaining vacancy by
appointing a director from the district at large.
(c) Three of the directors of the first board shall serve from
the date of their appointment until the first annual meeting of
eligible voters, as authorized by Section 78.033 of this code,
and the remaining two directors shall serve from the date of
their appointment until the second annual meeting of eligible
voters. The directors shall determine by lot which three
directors shall serve until the first annual meeting and which
two directors of the board shall serve until the second annual
meeting.
Acts 1981, 67th Leg., p. 1213, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.033. ANNUAL MEETING. (a) The chairman of the board
shall call an annual meeting of the eligible voters in the
district to be held on the fourth Saturday of each April.
(b) The chairman shall give written notice of the time and place
of the meeting not later than the 10th day before the day of the
meeting to each eligible voter in the district, as shown by the
county tax assessor-collector's records in each county in the
district.
(c) At the meeting, the eligible voters shall:
(1) elect successors to directors whose terms are expiring
during the year of the meeting; and
(2) consider other business the board determines is proper to
consider.
(d) A director elected under Subsection (c)(1) of this section
must reside in the same territory from which the predecessor was
required to be selected.
(e) A person entitled to attend the meeting may appoint a proxy
to represent him or her at the meeting.
Acts 1981, 67th Leg., p. 1213, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.034. COMPENSATION OF DIRECTORS. A director of the board
is entitled to receive:
(1) $5 a day for attending a meeting of the board, not to exceed
$60 a year; and
(2) 10 cents a mile for the distance the director actually
travels between the director's residence and the place of a
meeting of the board.
Acts 1981, 67th Leg., p. 1213, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.035. OFFICERS. The board shall annually elect a
chairman and any officers it considers necessary. The board shall
fill a vacancy in the chairmanship of the board or in an
officer's position by appointing a director to fill the vacancy.
Acts 1981, 67th Leg., p. 1213, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.036. INSPECTORS AND CLERICAL EMPLOYEES. (a) The board
may employ one or more persons to perform inspections under
Section 78.044 of this code.
(b) The board may set the compensation of an inspector, and an
inspector is entitled to reimbursement for actual and necessary
expenses incurred in making an inspection.
(c) The board may employ necessary clerical personnel.
Acts 1981, 67th Leg., p. 1214, ch. 388, Sec. 1, eff. Sept. 1,
1981.
SUBCHAPTER D. ENFORCEMENT
Sec. 78.041. GENERAL ENFORCEMENT POWERS OF BOARD. The board
may:
(1) determine which noxious weeds are subject to control and
what appropriate methods of control are to be used, including
spraying, cutting, burning, tilling, or any other appropriate
method;
(2) prescribe specific areas in the district in which control
measures are to be used;
(3) prescribe the period during which control measures are to be
used; and
(4) incur expenses and take other actions necessary to carry out
the purposes of this chapter.
Acts 1981, 67th Leg., p. 1214, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.042. COMPLIANCE REQUIRED. (a) A person who holds title
to or possesses land in the district shall comply with control
measures prescribed by the board under this chapter.
(b) The commissioners court of a county located in the district
shall comply with control measures prescribed by the board under
this chapter for the purpose of controlling noxious weeds on
rights-of-way of public roads and public land within the
district.
Acts 1981, 67th Leg., p. 1214, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.043. NOTICE OF CONTROL MEASURES. The chairman of the
board shall give written notice to each person who holds title to
or possesses land located in the district of:
(1) the control measures in effect on the person's land; and
(2) information necessary to enable the person to carry out the
measures.
Acts 1981, 67th Leg., p. 1214, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.044. INSPECTION; FAILURE TO COMPLY. (a) A director or
an inspector appointed by the board may enter land in the
district to determine if:
(1) control measures are necessary; or
(2) control measures prescribed by the board are being carried
out.
(b) If the board determines that a person who holds title to or
possesses land that is located in the district is failing to
comply with prescribed control measures, the board in writing
shall order compliance with the measures within a stated time.
(c) If a person fails to obey an order issued under Subsection
(b) of this section, the board may sue in the district court of
the county in which the land is located for a mandatory
injunction ordering compliance. If the court issues the
injunction, the person is liable for court costs and a reasonable
attorney's fee, to be determined by the court.
Acts 1981, 67th Leg., p. 1214, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.045. EQUIPMENT CLEANING PROCEDURE. (a) The board may
prescribe rules requiring the cleaning of and the disposal of
materials cleaned from farm implements and machinery brought into
the district or moved from one part of the district to another
part.
(b) The board shall give notice of rules prescribed under this
section by:
(1) posting a copy of the notice of the adoption of the rules at
four public places in each county located in the district not
later than the 11th day before the effective date of the rules;
and
(2) filing a copy of the adoption of the rules with the county
clerk of each county located in the district.
(c) A person commits an offense if the person fails to obey a
rule prescribed under Subsection (a) of this section. An offense
under this subsection is a Class C misdemeanor.
Acts 1981, 67th Leg., p. 1215, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 106, eff.
Sept. 1, 1989.
SUBCHAPTER E. ASSESSMENTS AND APPROPRIATIONS
Sec. 78.051. ASSESSMENT. (a) The board may impose an annual
uniform assessment on land within the district in order to pay
the expenses of the district.
(b) The amount of the assessment may not exceed six cents an
acre.
Acts 1981, 67th Leg., p. 1215, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.052. SPECIAL ELECTION ON INCREASED ASSESSMENT. (a) The
commissioners court that ordered creation of an existing district
with a maximum uniform assessment rate of less than six cents an
acre may order an election to be held to determine whether or not
the maximum uniform assessment rate should be raised to six cents
an acre. The county clerk shall give notice in the manner
provided by Section 78.018 of this code and the commissioners
court shall conduct the election in the manner provided by
Section 78.019 of this code.
(b) Ballots for the election must be printed to provide for
voting for or against the proposition: "Increasing the maximum
assessment rate to six cents."
(c) Immediately after the election, the election officers shall
forward the results to the commissioners court. The commissioners
court shall canvass the vote and declare the result of the
election.
(d) If the district is located entirely in one county, the
commissioners court shall issue an order declaring the increase
of the maximum uniform assessment to six cents an acre. If the
district is located in more than one county, the commissioners
court shall issue an order declaring the increase of the maximum
rate of assessment to six cents an acre only in those counties
where a majority of votes cast are for the proposition.
Acts 1981, 67th Leg., p. 1215, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.053. COLLECTION OF ASSESSMENT. (a) The board may
assess and collect an assessment imposed under this chapter by:
(1) appointing an assessor-collector to perform the duties;
(2) contracting with the county tax assessor-collector to
perform the duties; or
(3) appointing an assessor to make an assessment and contracting
with a county tax assessor-collector to collect the assessment.
(b) If the board appoints an assessor-collector under Subsection
(a)(1) of this section, the board may require the
assessor-collector to give bond in an amount determined by the
board. The board may compensate the assessor-collector in an
amount not to exceed an amount equal to five percent of
assessments collected.
(c) If the board contracts with a county tax assessor-collector
under Subsection (a)(2) of this section, the assessor-collector
may retain as fees of office five percent of all assessments
collected.
(d) If the board appoints an assessor under Subsection (a)(3) of
this section, the board may compensate the assessor in an amount
not to exceed an amount equal to 2-1/2 percent of the assessments
collected and the contracting county tax assessor-collector may
retain 2-1/2 percent of the assessments collected.
Acts 1981, 67th Leg., p. 1215, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.054. DEPOSIT OF ASSESSMENT. The person collecting
assessments shall deposit the money collected into a district
depository selected by the board.
Acts 1981, 67th Leg., p. 1216, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.055. REPORT TO COUNTY CLERK. (a) The chairman of the
board shall file a report before September 1 of each year with
the county clerk of each county in which the district is located.
(b) The report must contain:
(1) a statement of the total amount of money received by the
board during the 12 months ending the last June 30;
(2) an itemized statement of the total amount of money expended
by the board during the 12 months ending the last June 30; and
(3) a statement of the amount of money on hand on the last June
30.
Acts 1981, 67th Leg., p. 1216, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.056. REPORT TO DEPARTMENT. (a) Before September 1 of
each year, the chairman of the board shall file a report with the
department stating the amount of money received through the
assessments by the district in the 12 months ending the last June
30.
(b) The department shall certify the amount stated in the report
required by Subsection (a) of this section to the comptroller of
public accounts.
Acts 1981, 67th Leg., p. 1216, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.057. APPROPRIATED FUNDS. (a) Except as provided by
Subsection (b) of this section, if the legislature appropriates
funds for the control of noxious weeds, the comptroller shall
issue a warrant to each district in an amount equal to the amount
certified for the district by the department under Section 78.056
of this code.
(b) If the legislature appropriates an amount for the control of
noxious weeds that is less than the total of all amounts
certified by the department under Section 78.056 of this code,
the comptroller shall issue a warrant to each district in an
amount that is equal to that district's proportion of the total
of funds certified under Section 78.056 of this code.
Acts 1981, 67th Leg., p. 1216, ch. 388, Sec. 1, eff. Sept. 1,
1981.
SUBCHAPTER F. DISSOLUTION OF DISTRICT
Sec. 78.061. PETITION FOR DISSOLUTION. (a) The eligible voters
residing in a district may petition the board to conduct an
election on the dissolution of the district.
(b) The petition must contain the signatures of 50 eligible
voters or of a majority of the eligible voters in the district,
whichever is the lesser number.
Acts 1981, 67th Leg., p. 1217, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.062. ELECTION ORDER. (a) Before the 90th day after the
day on which the board receives a petition for dissolution, the
board shall order an election to determine whether the district
should be dissolved.
(b) The chairman shall give notice of the election in the same
manner as is required for publication of notice of a hearing
under Section 78.015 of this code.
(c) Notice required by this section must contain a statement of:
(1) the purpose of the election; and
(2) the date, time, and place of the election.
Acts 1981, 67th Leg., p. 1217, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.063. DISSOLUTION ELECTION. (a) Except as otherwise
provided by this section, the procedure for conducting a
dissolution election shall be in compliance with the election
laws of this state.
(b) The board shall:
(1) designate polling places in the district, taking into
consideration the convenience of the voters; and
(2) appoint judges and the other necessary election officers.
(c) Each eligible voter is entitled to vote at the election.
Acts 1981, 67th Leg., p. 1217, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.064. RETURNS; EFFECT OF ELECTION. (a) After the
election, the board shall:
(1) canvass the returns of the election; and
(2) enter an order declaring the result of the election.
(b) If a majority of votes are cast against the dissolution of
the district, another election on the proposition may not be held
within 12 months after the date of the election.
(c) If a majority of votes are cast for the dissolution of the
district, the board shall enter an order declaring the district
dissolved.
Acts 1981, 67th Leg., p. 1217, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 78.065. DISSOLUTION. (a) After a dissolution order has
been issued, the board may not exercise any power except to
terminate the affairs of the district.
(b) If at the time of dissolution the district does not have
sufficient funds to pay claims against the district and if annual
assessments already imposed are insufficient to pay the claims,
the board may impose and collect further annual assessments in an
amount necessary to pay the claims.
(c) If at the time of dissolution there are no claims against
the district, the board shall pay any remaining funds to the
treasuries of the counties located in the district. Each county
shall deposit the funds received to the credit of the general
fund of the county. The amount of the payment to each county must
be in the same proportion as the area of the county is to the
total area of the district.
Acts 1981, 67th Leg., p. 1217, ch. 388, Sec. 1, eff. Sept. 1,
1981.
SUBCHAPTER G. ANNUAL REVIEW TO EXCLUDE LAND IN CROSBY COUNTY
Sec. 78.071. ANNUAL REVIEW. (a) The Commissioners Court of
Crosby County shall establish a regular time once every calendar
year to review petitions for excluding land from the district.
(b) The Commissioners Court of Crosby County shall publish
notice of the hearing once a week for two consecutive weeks in
one or more newspapers with general circulation in the district.
The first publication shall appear at least 15 days and not more
than 40 days before the date of the hearing.
(c) The notice shall advise all persons eligible to sign a
petition under this chapter of their right to present petitions
for exclusions and offer evidence in support of the petition and
their right to contest any proposed exclusions based on either a
petition or the court's own conclusions.
(d) A person eligible to sign a petition under this chapter
within the district may file a petition with the commissioners
court requesting that land be excluded from the district. A
petition for exclusion shall be filed with the court at least 10
days before the date of the hearing and shall state clearly the
reasons why the land will not benefit from inclusion in the
district.
(e) After considering all evidence presented to it, if the
commissioners court finds that the land described in a petition
for exclusion does not benefit from inclusion in the district,
the court shall declare the land excluded and shall redefine the
boundaries of the district accordingly.
(f) The owner of the excluded land is not exempt from liability
for any amounts due to the district prior to exclusion of the
land.
(g) Land excluded from the district under this section may be
included in the district at a later time after petition, notice,
and hearing as provided in this section for exclusion of land
from the district.
Acts 1981, 67th Leg., p. 1218, ch. 388, Sec. 1, eff. Sept. 1,
1981.