CHAPTER 201. SOIL AND WATER CONSERVATION
AGRICULTURE CODE
TITLE 7. SOIL AND WATER CONSERVATION
CHAPTER 201. SOIL AND WATER CONSERVATION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 201.001. FINDINGS, PURPOSE, AND POLICY. (a) The
legislature finds that the farm and grazing lands of the State of
Texas are among the basic assets of the state and that the
preservation of these lands is necessary to protect and promote
the health, safety, and general welfare of its people; that
improper land-use practices have caused and have contributed to,
and are now causing and contributing to, progressively more
serious erosion of the farm and grazing lands of this state by
wind and water; that the breaking of natural grass, plant, and
forest cover has interfered with the natural factors of soil
stabilization, causing loosening of soil and exhaustion of humus,
and developing a soil condition that favors erosion; that the
topsoil is being blown and washed out of fields and pastures;
that there has been an accelerated washing of sloping fields;
that these processes of erosion by wind and water speed up with
removal of absorptive topsoil, causing exposure of less
absorptive and less protective but more erosive subsoil; that
failure by an occupier of land to conserve the soil and control
erosion upon the land causes a washing and blowing of soil and
water onto other lands and makes the conservation of soil and
control of erosion on those other lands difficult or impossible.
(b) The consequences of soil erosion in the form of soil-blowing
and soil-washing are the silting and sedimentation of stream
channels, reservoirs, dams, ditches, and harbors; the loss of
fertile soil material in dust storms; the piling up of soil on
lower slopes, and its deposit over alluvial plains; the reduction
in productivity or outright ruin of rich bottom lands by overwash
of poor subsoil material, sand, and gravel swept out of the
hills; deterioration of soil and its fertility, deterioration of
crops, and declining acre yields despite development of
scientific processes for increasing such yields; loss of soil and
water that causes destruction of food and cover for wildlife; a
blowing and washing of soil into streams that silt over spawning
beds and destroy waterplants, diminishing the food supply of
fish; a diminishing of the underground water reserve that causes
water shortages, intensifies periods of drought, and causes crop
failures; an increase in the speed and volume of rainfall runoff,
causing severe and increasing floods that bring suffering,
disease, and death; impoverishment of families attempting to farm
eroding and eroded lands; damage to roads, highways, railways,
farm buildings, and other property from floods and from dust
storms; and losses in navigation, hydroelectric power, municipal
water supply, irrigation developments, farming, and grazing.
(c) In order to conserve soil resources and control and prevent
soil erosion, it is necessary that land-use practices
contributing to soil waste and soil erosion may be discouraged
and discontinued, and appropriate soil-conserving land-use
practices be adopted and carried out. Among the procedures
necessary for widespread adoption are engineering operations such
as the construction of terraces, terrace outlets, check dams,
dikes, ponds, ditches, and the like; the utilization of
strip-cropping, lister furrowing, contour cultivating, and
contour furrowing; land irrigation; seeding and planting of
waste, sloping, abandoned, or eroded lands to water-conserving
and erosion-preventing plants, trees, and grasses; forestation
and reforestation; rotation of crops, soil stabilization with
trees, grasses, legumes, and other thick-growing, soil-holding
crops, retardation of runoff by increasing absorption of
rainfall; and retirement from cultivation of steep, highly
erosive areas and areas now badly gullied or otherwise eroded.
(d) It is the policy of the legislature to provide for the
conservation of soil and related resources of this state and for
the control and prevention of soil erosion, and thereby to
preserve natural resources, control floods, prevent impairment of
dams and reservoirs, assist in maintaining the navigability of
rivers and harbors, preserve wildlife, protect the tax base,
protect public lands, and protect and promote the health, safety,
and general welfare of the people of this state, and thus to
carry out the mandate expressed in Article XVI, Section 59a, of
the Texas Constitution. It is further declared as a matter of
legislative intent and determination of policy that the State
Soil and Water Conservation Board is the state agency responsible
for implementing the constitutional provisions and state laws
relating to the conservation and protection of soil resources.
Acts 1981, 67th Leg., p. 1458, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1985, 69th Leg., ch. 611, Sec. 1, eff.
Sept. 1, 1985.
Sec. 201.002. DEFINITIONS. In this chapter:
(1) "Conservation district" means a soil and water conservation
district.
(2) "Director" means a member of the governing board of a
conservation district.
(3) "Family farm corporation" means a farm corporation all
shareholders of which are related to each other within the second
degree by consanguinity or affinity, as determined under Chapter
573, Government Code.
(4) "Federal agency" includes the Soil Conservation Service of
the United States Department of Agriculture and any other agency
or instrumentality of the federal government.
(5) "Occupier" means a person who is in possession of land lying
within a conservation district, either as lessee, tenant, or
otherwise.
(6) "State agency" includes a subdivision, agency, or
instrumentality of the state.
(7) "State board" means the State Soil and Water Conservation
Board.
(8) "State district" means a district established under Section
201.012 of this code.
Acts 1981, 67th Leg., p. 1460, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1985, 69th Leg., ch. 611, Sec. 2, eff.
Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 561, Sec. 5, eff. Aug.
26, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept.
1, 1995.
Sec. 201.003. ELIGIBLE VOTER. (a) A person is eligible to vote
in an election under this chapter if the person:
(1) is an individual who holds title to farmland or ranchland
lying within a conservation district, a conservation district
proposed by petition, or territory proposed by petition for
inclusion within a conservation district, as applicable;
(2) is 18 years of age or older; and
(3) is a resident of a county all or part of which is included
in the conservation district, the conservation district proposed
by petition, or the territory proposed for inclusion, as
applicable.
(b) If a family farm corporation owns farmland or ranchland in a
conservation district, in a proposed conservation district, or in
territory proposed for inclusion in a conservation district, the
corporation is entitled to one vote in each election under this
chapter that would affect the land owned by the corporation. The
corporation shall designate one corporate officer to vote for the
corporation in the election. The designated officer must be:
(1) 18 years of age or older; and
(2) a resident of a county all or part of which is included in
the conservation district, the proposed conservation district, or
the territory proposed for inclusion in a conservation district.
Acts 1981, 67th Leg., p. 1460, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1985, 69th Leg., ch. 611, Sec. 2, eff.
Sept. 1, 1985.
Sec. 201.004. NOTICE; ELECTION INFORMALITIES. (a) If this
chapter requires that notice of a hearing or an election be
given, the entity responsible for giving notice shall:
(1) publish notice at least twice, with an interval of at least
seven days between the publication dates, in a newspaper or other
publication of general circulation within the appropriate area;
and
(2) post notice for at least two weeks at a reasonable number of
conspicuous places within the appropriate area, including, if
possible, public places where it is customary to post notices
concerning county or municipal affairs generally.
(b) A hearing for which notice is given under this section and
which is held at the time and place designated in the notice may
be adjourned from time to time without renewing notice for the
adjourned dates.
(c) If notice of an election is given substantially in
accordance with this section and the election is fairly
conducted, an informality in the conduct of the election or in
any matter relating to the election does not invalidate the
election or its result.
Acts 1981, 67th Leg., p. 1460, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 2001, 77th Leg., ch. 1095, Sec. 1, eff.
Sept. 1, 2001.
Sec. 201.005. WATER CODE NOT APPLICABLE. Section 12.081, Water
Code, does not apply to a conservation district created under
this chapter.
Added by Acts 1985, 69th Leg., ch. 611, Sec. 2, eff. Sept. 1,
1985.
Sec. 201.006. CONFIDENTIALITY OF CERTAIN INFORMATION. (a)
Except as provided by this section, information collected by the
state board or a conservation district is not subject to Chapter
552, Government Code, and may not be disclosed if the information
is collected in response to a specific request from a landowner
or the landowner's agent or tenant for technical assistance
relating to a water quality management plan or other conservation
plan if the assistance is to be provided:
(1) under this code; and
(2) on private land that:
(A) is part of a conservation plan or water quality management
plan developed cooperatively with the state board or conservation
district; or
(B) is the subject of a report prepared by the state board or
conservation district.
(b) The state board or a conservation district may disclose
information regarding a tract of land to:
(1) the owner of the tract or the owner's agent or tenant; and
(2) a person other than the owner or the owner's agent or tenant
if:
(A) the owner or the agent or tenant consents in writing to full
or specified partial disclosure of the information; and
(B) the consent is attached to each plan or report regarding the
tract prepared by the state board or conservation district.
(c) The state board or a conservation district may disclose, in
a manner that prevents the identification of a particular tract
of land, the owner of the tract, or the owner's agent or tenant,
a summary of information collected by the state board or
conservation district regarding:
(1) the number of acres of land that are in a particular
conservation plan;
(2) the number of acres of land that are subject to a particular
conservation practice; or
(3) other conservation program information.
(d) The state board or a conservation district shall provide a
person with notice regarding this section at the time the person
requests technical assistance from the state board or
conservation district.
(e) The state board or a conservation district may disclose
information to a law enforcement agency of this state or the
United States in compliance with a subpoena for the information.
(f) The state board or a conservation district may disclose
information relating to water quality complaints or compliance
failures to the Texas Natural Resource Conservation Commission
under Section 201.026.
(g) The state board or a conservation district may disclose to
the attorney general information relating to a breach of
contract.
(h) The state board or a conservation district may not be held
liable for damage caused by a violation of this section.
(i) A reference in this section to the state board or a
conservation district includes an officer, employee, or agent of
the state board or conservation district.
Added by Acts 1997, 75th Leg., ch. 410, Sec. 1, eff. Sept. 1,
1997.
SUBCHAPTER B. STATE SOIL AND WATER CONSERVATION BOARD
Sec. 201.011. COMPOSITION. The State Soil and Water
Conservation Board is a state agency composed of seven members as
follows:
(1) one member elected from each of the state districts in
accordance with this subchapter; and
(2) two members appointed by the governor, each of whom is:
(A) actively engaged in the business of farming, animal
husbandry, or other business related to agriculture and who
wholly or partly owns or leases land used in connection with that
business; and
(B) not a member of the board of directors of a conservation
district.
Acts 1981, 67th Leg., p. 1461, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 2003, 78th Leg., ch. 200, Sec. 13(a), eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 983, Sec. 1, eff. Sept.
1, 2003.
Sec. 201.012. STATE DISTRICTS. (a) For purposes of this
chapter, the state is divided into five districts, each of which
is composed as provided by this section.
(b) State District No. 1 is composed of the following 51
counties: Dallam, Dawson, Sherman, Hansford, Ochiltree, Lipscomb,
Hartley, Moore, Hutchinson, Roberts, Hemphill, Oldham, Potter,
Carson, Gray, Wheeler, Deaf Smith, Randall, Armstrong, Donley,
Collingsworth, Parmer, Castro, Swisher, Briscoe, Hall, Childress,
Bailey, Lamb, Hale, Floyd, Motley, Cottle, Hardeman, Cochran,
Hockley, Lubbock, Crosby, Dickens, King, Yoakum, Terry, Lynn,
Garza, Kent, Stonewall, Gaines, Borden, Scurry, Fisher, and
Foard.
(c) State District No. 2 is composed of the following 51
counties: Andrews, Martin, Howard, Mitchell, Nolan, Taylor,
Runnels, Coke, Sterling, Glasscock, Midland, Ector, Winkler,
Loving, Reeves, Culberson, Hudspeth, El Paso, Jeff Davis,
Presidio, Brewster, Pecos, Terrell, Ward, Crane, Upton, Reagan,
Irion, Tom Green, Concho, McCulloch, San Saba, Mason, Llano,
Blanco, Gillespie, Crockett, Schleicher, Menard, Sutton, Kimble,
Val Verde, Edwards, Real, Kerr, Kendall, Bandera, Uvalde, Medina,
Kinney, and Maverick.
(d) State District No. 3 is composed of the following 50
counties: Burleson, Lee, Bastrop, Travis, Hays, Comal, Guadalupe,
Caldwell, Fayette, Washington, Austin, Colorado, Lavaca,
Gonzales, Wilson, Bexar, DeWitt, Jackson, Wharton, Fort Bend,
Brazoria, Matagorda, Calhoun, Refugio, Bee, Karnes, Live Oak,
Atascosa, McMullen, LaSalle, Frio, Duval, Dimmit, Webb, Zapata,
Jim Hogg, Starr, Brooks, Hidalgo, Cameron, Willacy, Kenedy,
Kleberg, Nueces, San Patricio, Aransas, Jim Wells, Zavala,
Goliad, and Victoria.
(e) State District No. 4 is composed of the following 51
counties: Lamar, Red River, Bowie, Delta, Hopkins, Franklin,
Titus, Morris, Cass, Marion, Camp, Upshur, Wood, Rains, Van
Zandt, Smith, Gregg, Harrison, Henderson, Cherokee, Rusk, Panola,
Shelby, Nacogdoches, Anderson, Freestone, Leon, Robertson,
Brazos, Madison, Grimes, Waller, Houston, Walker, Trinity,
Angelina, San Augustine, Sabine, Newton, Jasper, Tyler, Polk, San
Jacinto, Montgomery, Harris, Liberty, Hardin, Orange, Jefferson,
Chambers, and Galveston.
(f) State District No. 5 is composed of the following 51
counties: Wilbarger, Wichita, Clay, Montague, Cooke, Grayson,
Fannin, Hunt, Collin, Denton, Wise, Jack, Archer, Baylor, Knox,
Haskell, Stephens, Throckmorton, Young, Jones, Shackelford, Palo
Pinto, Rockwall, Kaufman, Ellis, Parker, Tarrant, Dallas,
Johnson, Hood, Somervell, Erath, Eastland, Callahan, Coleman,
Brown, Comanche, Mills, Hamilton, Bosque, Hill, Navarro,
Limestone, McLennan, Falls, Milam, Bell, Williamson, Burnet,
Lampasas, and Coryell.
Acts 1981, 67th Leg., p. 1461, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 201.013. STATE DISTRICT CONVENTIONS. (a) For the purpose
of electing a member to the state board, each state district
shall conduct a convention attended by delegates elected from
each conservation district in the state district.
(b) The state board shall notify the chairman and secretary of
each board of directors of the location of the state district
convention in the applicable state district. The state board
shall give the notice at least 60 days before the date of the
convention.
(c) After receiving notice of the location of the convention,
the chairman of each board of directors shall call a meeting for
the purpose of electing a delegate and an alternate to the state
district convention. In order to serve as a delegate or an
alternate, a person must be an eligible voter of the conservation
district and actively engaged in farming or ranching.
(d) The chairman of a board of directors shall certify the name
and address of the delegate and the alternate to the state board
not later than the 30th day before the date of the convention.
(e) Each delegate to a state district convention, or an
alternate attending in the place of a delegate, is entitled to a
per diem of $30 a day for not more than two days and the state
mileage reimbursement rate specified in the General
Appropriations Act for travel each way between the county seat of
the delegate's residence and the convention site. The state
board shall pay the per diem and travel allowance.
(f) A member of the state board is a qualified delegate to the
convention of the state district from which the member was
elected.
(g) A majority of the delegates to a state district convention
constitutes a quorum.
Acts 1981, 67th Leg., p. 1462, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1985, 69th Leg., ch. 611, Sec. 3, eff.
Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
624, Sec. 2, eff. June 15, 2007.
Sec. 201.014. ELECTION. (a) The delegates at a state district
convention by majority vote shall elect a member to the state
board from among the qualified delegates. No later than the fifth
day after the day of the election, the chairman of the convention
shall certify to the state board and to the secretary of state
the name and address of the person elected.
(b) A state district convention shall conduct an election under
this section on the first Tuesday in May of each year in which
the term expires for the member of the state board representing
that district.
Acts 1981, 67th Leg., p. 1462, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 201.0141. INELIGIBILITY TO SERVE ON BOARD; INELIGIBILITY
FOR CERTAIN POSITIONS. (a) In this section, "Texas trade
association" means a cooperative and voluntarily joined
association of business or professional competitors in this state
designed to assist its members and its industry or profession in
dealing with mutual business or professional problems and in
promoting their common interest.
(b) A person may not be a member of the state board or act as
the general counsel to the state board if the person is required
to register as a lobbyist under Chapter 305, Government Code,
because of the person's activities for compensation on behalf of
a profession related to the operation of the state board.
(c) A person may not be a member of the state board and may not
be a state board employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.) and its subsequent amendments, if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association whose primary purpose is the promotion of
soil and water conservation; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association whose primary purpose is
the promotion of soil and water conservation.
Added by Acts 1985, 69th Leg., ch. 611, Sec. 10, eff. Sept. 1,
1985. Amended by Acts 1987, 70th Leg., ch. 167, Sec. 2.19(11),
eff. Sept. 1, 1987; Acts 2001, 77th Leg., ch. 1095, Sec. 2, eff.
Sept. 1, 2001.
Sec. 201.0142. TRAINING PROGRAM FOR MEMBERS OF STATE BOARD. (a)
A person who is elected and qualifies for office as a member of
the state board may not vote, deliberate, or be counted as a
member in attendance at a meeting of the state board until the
person completes a training program that complies with this
section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the state board;
(2) the programs operated by the state board;
(3) the role and functions of the state board;
(4) the rules of the state board, with an emphasis on the rules
that relate to disciplinary and investigatory authority;
(5) the current budget for the state board;
(6) the results of the most recent formal audit of the state
board;
(7) the requirements of:
(A) the open meetings law, Chapter 551, Government Code;
(B) the public information law, Chapter 552, Government Code;
(C) the administrative procedure law, Chapter 2001, Government
Code; and
(D) other laws relating to public officials, including
conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the state board or
the Texas Ethics Commission.
(c) A person elected to the state board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program,
regardless of whether attendance at the program occurs before or
after the person qualifies for office.
Added by Acts 2001, 77th Leg., ch. 1095, Sec. 3, eff. Sept. 1,
2001.
Sec. 201.015. TERM. (a) Members of the state board serve for
staggered terms of two years. The terms of the members elected
from State Districts No. 1, No. 3, and No. 5 expire in
odd-numbered years. The terms of the members elected from State
Districts No. 2 and No. 4 expire in even-numbered years.
(b) The term of office of an elected member of the state board
begins on the day after the day on which the member was elected.
The term of one member appointed by the governor expires February
1 of each odd-numbered year, and the term of the other member
appointed by the governor expires February 1 of each
even-numbered year.
Acts 1981, 67th Leg., p. 1462, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1985, 69th Leg., ch. 611, Sec. 11, eff.
Sept. 1, 1985; Acts 2003, 78th Leg., ch. 200, Sec. 13(b), eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 983, Sec. 2, eff. Sept.
1, 2003.
Sec. 201.0151. REMOVAL FROM BOARD. (a) It is a ground for
removal from the state board that a member:
(1) does not have at the time of election the qualifications
required by Subsection (c) of Section 201.013 of this code;
(2) does not maintain during service on the state board the
qualifications required by Subsection (c) of Section 201.013 of
this code;
(3) is ineligible for membership under Section 201.0141 of this
code;
(4) cannot, because of illness or disability, discharge the
member's duties for a substantial portion of the member's term;
or
(5) is absent from more than half of the regularly scheduled
state board meetings that the member is eligible to attend during
a calendar year, without an excuse approved by a majority vote of
the state board.
(b) The validity of an action of the state board is not affected
by the fact that the action was taken when a ground for removal
of a state board member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify
the chairman of the state board. The chairman shall then notify
the governor and the attorney general that a potential ground for
removal exists. If the potential ground for removal involves the
chairman, the executive director shall notify the next highest
ranking officer of the state board, who shall then notify the
governor and the attorney general that a potential ground for
removal exists.
Added by Acts 1985, 69th Leg., ch. 611, Sec. 12, eff. Sept. 1,
1985. Amended by Acts 2001, 77th Leg., ch. 1095, Sec. 4, eff.
Sept. 1, 2001.
Sec. 201.0152. APPLICATION. Sections 201.0141, 201.0142, and
201.0151 apply to the governor's appointees under this chapter.
Added by Acts 2003, 78th Leg., ch. 983, Sec. 3, eff. Sept. 1,
2003.
Sec. 201.016. VACANCY. Vacancies in the state district
positions on the state board are filled by election in the manner
provided by this subchapter for an unexpired term or for a full
term.
Acts 1981, 67th Leg., p. 1462, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 2003, 78th Leg., ch. 200, Sec. 13(c), eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 983, Sec. 4, eff. Sept.
1, 2003.
Sec. 201.017. OATH; COMPENSATION. (a) Each member of the state
board shall take the constitutional oath of office.
(b) Each member of the state board is entitled to compensation
in an amount not to exceed $100 for each day of actual service
rendered. In addition, each member of the state board is entitled
to reimbursement for expenses, including traveling expenses,
necessarily incurred in the discharge of official duties.
Acts 1981, 67th Leg., p. 1462, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 201.018. MAJORITY VOTE REQUIREMENT. The concurrence of a
majority of the members of the state board is required for the
determination of any matter within the board's duties.
Acts 1981, 67th Leg., p. 1463, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 201.019. OFFICERS AND EMPLOYEES. (a) The state board
shall designate one of its members as chairman.
(b) The state board may employ an executive director and other
agents and employees, temporary or permanent, as it may require,
and shall determine their qualifications, duties, and
compensation according to the terms and amounts specified in the
General Appropriations Act.
(c) Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(3).
(d) The state board may delegate any power or duty under this
chapter to its chairman, one or more of its members, or one or
more of its agents or employees.
(e) The state board may employ a counsel and legal staff or call
on the attorney general for required legal services.
(f) The executive director or the executive director's designee
shall provide to members of the state board and state board
employees, as often as necessary, information regarding the
requirements for office or employment under this chapter,
including information regarding a person's responsibilities under
applicable laws relating to standards of conduct for state
officers and employees.
(g) The executive director shall develop an intraagency career
ladder program, one part of which shall require the intraagency
posting of all nonentry level positions concurrently with any
public posting.
(h) The executive director shall develop a system of annual
performance evaluations based on measurable job tasks. All merit
pay for employees of the state board must be based on the system
established under this subsection.
(i) The agency shall develop and implement policies which
clearly separate the respective responsibilities of the state
board and the staff of the board.
Acts 1981, 67th Leg., p. 1463, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1985, 69th Leg., ch. 611, Sec. 13, eff.
Sept. 1, 1985; Acts 2001, 77th Leg., ch. 1095, Sec. 5, eff. Sept.
1, 2001; Acts 2003, 78th Leg., ch. 285, Sec. 31(3), eff. Sept. 1,
2003.
Sec. 201.0191. EQUAL OPPORTUNITY EMPLOYMENT. (a) The executive
director or the executive director's designee shall prepare and
maintain a written policy statement that implements a program of
equal employment opportunity to ensure that all personnel
decisions are made without regard to race, color, disability,
sex, religion, age, or national origin.
(b) The policy statement must include:
(1) personnel policies, including policies relating to
recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the state board to avoid the
unlawful employment practices described by Chapter 21, Labor
Code; and
(2) an analysis of the extent to which the composition of the
state board's personnel is in accordance with state and federal
law and a description of reasonable methods to achieve compliance
with state and federal law.
(c) The policy statement must:
(1) be filed with the governor's office;
(2) be updated annually; and
(3) be reviewed by the Commission on Human Rights for compliance
with Subsection (b)(1).
Added by Acts 1985, 69th Leg., ch. 611, Sec. 14, eff. Sept. 1,
1985. Amended by Acts 2001, 77th Leg., ch. 1095, Sec. 6, eff.
Sept. 1, 2001.
Sec. 201.020. RECORDS; HEARINGS; RULES. (a) The state board
shall keep a complete record of all of its official actions, may
hold public hearings at times and places in this state as
determined by the board, and may adopt rules as necessary for the
performance of its functions under this chapter.
(b) The state board shall develop and implement policies which
will provide the public with a reasonable opportunity to appear
before the board and to speak on any issue under the jurisdiction
of the board.
Acts 1981, 67th Leg., p. 1463, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1985, 69th Leg., ch. 611, Sec. 15, eff.
Sept. 1, 1985.
Sec. 201.021. OFFICE. The board may select the location of its
office.
Acts 1981, 67th Leg., p. 1463, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 201.022. GENERAL POWERS AND DUTIES. (a) In addition to
other powers and duties provided by this chapter, the state board
shall:
(1) offer appropriate assistance to the directors of
conservation districts in carrying out programs and powers under
this chapter;
(2) coordinate the programs of the conservation districts to the
extent possible through advice and consultation;
(3) secure the cooperation and assistance of the federal
government, federal agencies, and state agencies;
(4) disseminate information throughout this state concerning the
activities and programs of the conservation districts;
(5) encourage the formation of a conservation district in each
area in which the organization of a conservation district is
desirable; and
(6) prepare information of public interest describing the
functions of the board and make the information available to the
general public and to appropriate state agencies.
(b) The state board may cooperate with the governing boards of
wind erosion conservation districts in putting into operation in
those districts the provisions of this chapter that do not
conflict with Chapter 202 of this code.
Acts 1981, 67th Leg., p. 1463, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1985, 69th Leg., ch. 611, Sec. 16, eff.
Sept. 1, 1985.
Sec. 201.023. FUNDS MANAGEMENT. (a) Except as provided by
Section 201.081, the state board shall deposit all money and
securities received by it in the state treasury to the credit of
a special fund known as the state soil conservation fund. That
fund shall be appropriated to the state board for use in the
administration of this chapter and is subject to the same care
and control while in the state treasury as other funds of the
state.
(b) The financial transactions of the state board are subject to
audit by the state auditor in accordance with Chapter 321,
Government Code. The board shall file annually with the governor
and the presiding officer of each house of the legislature a
complete and detailed written report that accounts for all funds
received and disbursed by the board during the preceding year.
The form of the annual report and the time for the report shall
be prescribed in the General Appropriations Act.
(c) The state board by resolution may authorize the chairman of
the board or the administrative officer to approve claims and
accounts payable by the board. That approval is sufficient to
authorize the comptroller of public accounts to issue a warrant
drawn on the funds appropriated to the board for payment of the
claim and is sufficient to authorize the comptroller to honor
payment of the warrant.
(d) The state board may accept any donation or contribution in
any form, including money, materials, or services, and from any
source for the purpose of carrying out this chapter, including
the cost of conducting the annual meeting of conservation
district directors under Section 201.081 of this code.
Acts 1981, 67th Leg., p. 1463, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1985, 69th Leg., ch. 611, Sec. 4, 17, eff.
Sept. 1, 1985; Acts 1989, 71st Leg., ch. 584, Sec. 75, eff. Sept.
1, 1989; Acts 1991, 72nd Leg., ch. 55, Sec. 2, eff. Aug. 26,
1991; Acts 1997, 75th Leg., ch. 1423, Sec. 2.14, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 1095, Sec. 8, eff. Sept. 1, 2001.
Sec. 201.0231. COMPLAINTS. (a) The state board shall maintain
a file on each written complaint filed with the state board.
(b) The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the state board;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to the
complaint;
(5) a summary of the results of the review or investigation of
the complaint; and
(6) an explanation of the reason the file was closed, if the
state board closed the file without taking action other than to
investigate the complaint.
(c) The state board shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the state board's policies and procedures relating to
complaint investigation and resolution.
(d) The state board, at least quarterly until final disposition
of the complaint, shall notify the person filing the complaint
and each person who is a subject of the complaint of the status
of the investigation unless the notice would jeopardize an
undercover investigation.
Added by Acts 1985, 69th Leg., ch. 611, Sec. 18, eff. Sept. 1,
1985. Amended by Acts 2001, 77th Leg., ch. 1095, Sec. 9, eff.
Sept. 1, 2001.
Sec. 201.024. CONTRACTS FOR WATERSHED PROTECTION AND FLOOD
CONTROL PLANS. The state board may contract with one or more
state or federal agencies or with one or more private firms for
the development of plans necessary for securing detailed
information and developing work plans for the location, design,
installation, and construction of structures and other
improvements for the reduction and prevention of floods in
state-approved watershed protection and flood prevention projects
of 250,000 acres or less.
Acts 1981, 67th Leg., p. 1464, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 201.025. SUNSET PROVISION. The State Soil and Water
Conservation Board is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the board is abolished and this chapter expires
September 1, 2011.
Acts 1981, 67th Leg., p. 1464, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1985, 69th Leg., ch. 479, Sec. 189, eff.
Sept. 1, 1985; Acts 1985, 69th Leg., ch. 611, Sec. 19, eff. Sept.
1, 1985; Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 5.23(a),
eff. Nov. 12, 1991; Acts 2001, 77th Leg., ch. 1095, Sec. 10, eff.
Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., 1st C.S., Ch.
2, Sec. 1.01, eff. July 10, 2009.
Sec. 201.026. NONPOINT SOURCE POLLUTION. (a) The state board
is the lead agency in this state for activity relating to abating
agricultural and silvicultural nonpoint source pollution.
(b) As the lead agency, the state board shall:
(1) plan, implement, and manage programs and practices for
abating agricultural and silvicultural nonpoint source pollution;
(2) have as a goal:
(A) setting priorities among voluntary efforts to reduce
nonpoint source pollution and promoting those efforts in a manner
consistent with the priorities; and
(B) assisting landowners to prevent regulatory enforcement
actions related to nonpoint source pollution; and
(3) provide to the agricultural community information regarding
the jurisdictions of the state board and the Texas Commission on
Environmental Quality related to nonpoint source pollution.
(c) Except as required by Subchapter L, Chapter 26, Water Code,
a permit or other authorization is not required under that
chapter as a prerequisite for the land application of animal
waste for beneficial use at agronomic rates to property that is
not owned or controlled by the owner or operator of a facility
that Chapter 26, Water Code, requires to hold a permit or other
authorization. This section does not affect the authority of the
Texas Commission on Environmental Quality to investigate or take
enforcement action against a point source discharge under Section
26.121, Water Code.
(d) On the request of the owner of land on which animal waste is
applied for agricultural purposes, the state board may create and
certify a water quality management plan for the land.
(e) Other state agencies with responsibility for abating
agricultural and silvicultural nonpoint source pollution shall
coordinate any abatement programs and activities with the state
board.
(f) The state board shall represent the state before the federal
Environmental Protection Agency or other federal agencies on a
matter relating to agricultural or silvicultural nonpoint source
pollution. Nothing herein shall impair the ability of:
(1) the General Land Office to represent the state before any
federal agency in matters relating to the state's participation
in the federal coastal zone management program;
(2) the Texas Commission on Environmental Quality to represent
the state before any federal agency in matters relating to the
state's overall participation in the Federal Water Pollution
Control Act (33 U.S.C. Section 1251 et seq.); or
(3) the Texas Department of Agriculture to represent the state
before any federal agency in matters relating to the state's
overall participation in the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. Section 136 et seq.).
(g) In an area that the state board identifies as having or
having the potential to develop agricultural or silvicultural
nonpoint source water quality problems or an area within the
"coastal zone" designated by the Coastal Coordination Council,
the state board shall establish a water quality management plan
certification program that provides, through local soil and water
conservation districts, for the development, supervision, and
monitoring of individual water quality management plans for
agricultural and silvicultural lands. Each plan must be
developed, maintained, and implemented under rules and criteria
adopted by the state board and comply with state water quality
standards established by the Texas Commission on Environmental
Quality. The state board shall certify a plan that satisfies the
state board's rules and criteria and complies with state water
quality standards established by the Texas Commission on
Environmental Quality under the commission's exclusive authority
to set water quality standards for all water in the state.
(h) At the request of the landowner, the state board may develop
and certify a water quality management plan for any agricultural
or silvicultural land in the state. Section 26.302(b-1), Water
Code, applies to a water quality management plan developed or
certified for use by a poultry facility under this section.
(i) A water quality management plan developed under this section
that covers land on which animal carcasses will be buried must
include:
(1) disposal management practices for the carcasses, including a
requirement that poultry carcasses may be buried on site only in
the event of a major die-off that exceeds the capacity of a
poultry facility to handle and dispose of poultry carcasses by
the normal means used by the facility; and
(2) burial site requirements that identify suitable locations
for burial based on site-specific factors including:
(A) land use;
(B) soil conditions; and
(C) proximity to groundwater or surface water supplies.
(j) The Texas Commission on Environmental Quality may not
require a landowner who requests and complies with a water
quality management plan under Subsection (i) to record the burial
of animal carcasses in the county deed records or report the
burial to the commission.
(k) The state board shall notify the Texas Commission on
Environmental Quality not later than the 10th business day after
the date the state board decertifies a water quality management
plan for an animal feeding operation.
(l) The state board shall update the state board's
identification of priority areas for the control of nonpoint
source pollution at least every four years. The state board, in
considering changes to the identified priority areas, shall
consider:
(1) bodies of water the Texas Commission on Environmental
Quality has identified as impaired through the state water
quality assessment process;
(2) threatened areas in which action is necessary to prevent
nonpoint source pollution; and
(3) other areas of concern, including groundwater concerns.
(m) Complaints concerning a violation of a water quality
management plan or a violation of a law or rule relating to
agricultural or silvicultural nonpoint source pollution under the
jurisdiction of the state board shall be referred to the state
board. The state board, in cooperation with the local soil and
water conservation district, shall investigate the complaint. On
completion of the investigation, the state board, in consultation
with the soil and water conservation district, either shall
determine that further action is not warranted or shall develop
and implement a corrective action plan to address the complaint.
If the person about whom the complaint has been made fails or
refuses to take corrective action, the state board shall refer
the complaint to the Texas Commission on Environmental Quality.
Added by Acts 1985, 69th Leg., ch. 611, Sec. 5, eff. Sept. 1,
1985. Amended by Acts 1993, 73rd Leg., ch. 54, Sec. 1, eff. April
29, 1993; Acts 2001, 77th Leg., ch. 1095, Sec. 11, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 1189, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
418, Sec. 5, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
875, Sec. 1, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch.
875, Sec. 2, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch.
875, Sec. 3, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 27.001(1), eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 27.002(1), eff. September 1, 2009.
Sec. 201.027. ENFORCEMENT REFERRAL RECORDS. (a) The state
board shall maintain detailed records about each state board
referral of an agricultural or silvicultural operation to the
Texas Natural Resource Conservation Commission for enforcement.
(b) Records maintained under Subsection (a) must include
information regarding the final disposition of the referral by
the Texas Natural Resource Conservation Commission, including any
enforcement action taken against the agricultural or
silvicultural operation.
Added by Acts 2001, 77th Leg., ch. 1095, Sec. 12, eff. Sept. 1,
2001.
Sec. 201.028. SEMIANNUAL REPORT. Not later than January 1 and
July 1 of each year, the state board shall prepare and deliver to
the governor, the lieutenant governor, and the speaker of the
house of representatives a report relating to the status of the
budget areas of responsibility assigned to the board, including
outreach programs, grants made and received, federal funding
applied for and received, special projects, and oversight of
water conservation district activities.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 13(d), eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 983, Sec. 5, eff. Sept. 1, 2003.
SUBCHAPTER C. CREATION, BOUNDARY CHANGES, AND DISSOLUTION OF SOIL
AND WATER CONSERVATION DISTRICTS
Sec. 201.041. PETITION. (a) The eligible voters of any
territory may petition the state board for the organization of a
soil and water conservation district. The petition must be signed
by at least 50 persons eligible to vote in an election to create
the conservation district unless the territory contains fewer
than 100 eligible voters, in which case the petition must be
signed by a majority of the eligible voters in the territory.
(b) The petition must contain:
(1) a proposed name for the conservation district;
(2) a description of the territory proposed to be organized as a
conservation district;
(3) a statement that there is need for a conservation district
to function in the described territory in the interest of the
public health, safety, and welfare; and
(4) a request that:
(A) the state board define the boundaries of the conservation
district;
(B) an election be held within the defined territory on the
question of creation of a conservation district in that
territory; and
(C) the state board determine that the conservation district be
created.
(c) The petition is not required to describe the territory by
metes and bounds or by legal subdivisions, but must be generally
accurate in order to be sufficient.
(d) If more than one petition is filed covering parts of the
same territory, the state board may consolidate any or all of the
petitions.
Acts 1981, 67th Leg., p. 1464, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 201.042. HEARING. (a) Not later than the 30th day after
the day on which a petition is filed with the state board, the
state board shall give notice of a hearing on:
(1) the question of the desirability and necessity of the
creation of a conservation district in the interest of the public
health, safety, and welfare;
(2) the question of the appropriate boundaries to be assigned to
the conservation district;
(3) the propriety of the petitions and other proceedings taken
under this chapter; and
(4) all questions relevant to those matters.
(b) Following notice, the state board shall conduct a hearing on
the petition. Any interested person, including a person who is an
eligible voter in the territory described in the petition or in
the territory that is considered for addition to the described
territory, is entitled to attend the hearing and be heard.
(c) If it appears at the hearing that it may be desirable to
include within the conservation district territory that is
outside the area within which notice has been given, the state
board shall adjourn the hearing and give notice of further
hearings throughout the entire area considered for inclusion in
the conservation district. Following that notice, the board shall
reconvene the hearing.
(d) After the hearing, if the state board, on the basis of the
facts presented at the hearing and other available information,
determines that there is need, in the interest of the public
health, safety, and welfare, for a conservation district to
function in the territory considered at the hearing, the board
shall record that determination, define the boundaries of the
conservation district by metes and bounds or by legal
subdivisions, and conduct an election in accordance with Section
201.043 of this code. The board may not include within the
defined boundaries any territory that is within the boundaries of
another conservation district.
(e) In making the determination of need and defining the
boundaries of the conservation district, the state board shall
give due weight and consideration to:
(1) the topography of the area considered and of the state;
(2) the soil composition of the area considered and of the
state;
(3) the distribution of erosion, the prevailing land-use
practices, and the desirability and necessity of including within
the conservation district the area under consideration;
(4) the benefits the area under consideration may receive from
being included within the boundaries of the conservation
district;
(5) the relation of the area considered to existing watersheds
and agricultural regions and to other conservation districts in
existence or proposed to be created; and
(6) other relevant physical, geographical, and economic factors,
having due regard to the legislative determinations made in
Section 201.001 of this code.
(f) After the hearing and consideration of the relevant facts,
if the state board determines that there is no need for a
conservation district to function in the territory considered at
the hearing, it shall record that determination and deny the
petition.
(g) The state board shall pay all expenses for the issuance of
notices of the public hearings. The board shall supervise the
conduct of those hearings and may adopt rules governing the
conduct of the hearings.
Acts 1981, 67th Leg., p. 1465, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 201.043. ELECTION. (a) Within a reasonable time after
determining the need for a conservation district and defining the
boundaries of the proposed conservation district, the state board
shall conduct an election within the proposed conservation
district on the proposition of the creation of the conservation
district.
(b) The state board shall give notice of the election and the
notice must state the boundaries of the proposed conservation
district.
(c) The ballot for the election shall be printed to provide for
voting for or against the proposition: "The creation of a soil
and water conservation district from the land below described in
general terms and lying in the county (or counties) of
_______________."
(d) Each eligible voter in the proposed conservation district,
as determined by the state board, is entitled to vote in the
election. If part of a county is included within a proposed
conservation district and the polling place of an eligible voter
within the county is not included within the conservation
district, the voter is entitled to vote at the polling place for
the voter's land in the conservation district.
(e) Except as otherwise provided by this chapter, the election
shall be conducted in conformity with the general laws relating
to elections.
(f) The state board shall adopt rules for the conducting of
elections, including rules providing for the registration of all
eligible voters prior to the date of the election or prescribing
another appropriate procedure for the determination of
eligibility to vote.
Acts 1981, 67th Leg., p. 1466, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 201.044. STATE BOARD DETERMINATION OF ADMINISTRATIVE
PRACTICABILITY AND FEASIBILITY. (a) After announcing the
results of an election, the state board shall consider,
determine, and record its determination of whether the operation
of the conservation district within the defined boundaries is
administratively practicable and feasible. In making that
determination, the state board shall give due regard and
consideration to:
(1) the attitude of eligible voters in the defined boundaries;
(2) the number of persons eligible to vote in the election who
voted;
(3) the number of votes cast in the election favoring creation
of the conservation district in proportion to the total number of
votes cast;
(4) the approximate wealth and income of the eligible voters of
the proposed conservation district;
(5) the probable expense of carrying on erosion control
operations within the proposed conservation district; and
(6) other relevant social and economic factors, having due
regard for the legislative determinations made in Section 201.001
of this code.
(b) The state board may proceed with the organization of the
conservation district only if:
(1) the board determines that the operation of the conservation
district is administratively practicable and feasible; and
(2) at least two-thirds of the votes cast in the election were
in favor of creation of the conservation district.
(c) If the state board determines that the operation of the
conservation district is not administratively practicable and
feasible, the state board shall deny the petition.
Acts 1981, 67th Leg., p. 1466, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 201.045. SUBSEQUENT PETITIONS. If the state board denies a
petition under this subchapter, a subsequent petition covering
the same or substantially the same territory may not be filed
with the board until six months have expired following the date
of denial.
Acts 1981, 67th Leg., p. 1467, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 201.046. ESTABLISHMENT OF DISTRICT SUBDIVISIONS;
APPOINTMENT OF INITIAL DIRECTORS. After determining that the
operation of the conservation district is administratively
practicable and feasible, the state board shall divide the
conservation district into five numbered subdivisions that are as
nearly equal in area as practicable. The board shall appoint one
director each from the subdivisions numbered two and four. Those
directors shall perform the duties required by this subchapter
and shall serve on the initial governing board of the
conservation district until the regular election for those
subdivisions.
Acts 1981, 67th Leg., p. 1467, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 201.047. APPLICATION FOR CERTIFICATE OF ORGANIZATION. (a)
The two appointed directors shall present to the secretary of
state an application for a certificate of organization for the
conservation district containing the information prescribed by
Subsection (b) of this section and a statement from the state
board containing the information prescribed by Subsection (c) of
this section. The application and the statement are not required
to contain any detail other than a recital of the information
required by this section.
(b) The application for the certificate must contain:
(1) a statement that:
(A) a petition for the creation of the conservation district was
filed with the state board in accordance with this chapter;
(B) the proceedings specified in this chapter were taken
relative to that petition;
(C) the application is being filed in order to complete the
organization of the conservation district as a governmental
subdivision and a public body corporate and politic under this
chapter; and
(D) the state board has appointed the applicants as directors;
(2) the name and official residence of each of the appointed
directors;
(3) a certified copy of the appointment of the directors
evidencing their right to office;
(4) the term of office of each of the appointed directors;
(5) the name that is proposed for the conservation district; and
(6) the location of the principal office of the appointed
directors.
(c) The statement of the state board must set forth the
boundaries of the conservation district and certify that:
(1) a petition was filed, notice issued, and a hearing held as
required by this chapter;
(2) the board did determine that there is need, in the interest
of the public health, safety, and welfare, for a conservation
district to function in the proposed territory;
(3) the board did define the boundaries of the conservation
district;
(4) notice was given and an election held on the question of the
creation of the conservation district;
(5) the result of the election showed a two-thirds majority of
the votes cast in the election to be in favor of the creation of
the conservation district; and
(6) the board did determine that the operation of the
conservation district is administratively practicable and
feasible.
(d) The directors shall subscribe and swear to the application
before an officer authorized by law to take and certify oaths.
That officer shall certify on the application that the officer
personally knows the directors, that the officer knows them to be
the directors as affirmed in the application, and that each
director has subscribed to the application in the officer's
presence.
Acts 1981, 67th Leg., p. 1467, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 201.048. ISSUANCE OF CERTIFICATE. (a) The secretary of
state shall examine the application for a certificate of
organization and the statement of the state board. If the
secretary of state finds that the name proposed for the
conservation district is not identical to that of another
conservation district or so nearly similar as to lead to
confusion or uncertainty, the secretary shall receive the
application and statement, file them, and record them in an
appropriate book of record in the secretary's office.
(b) If the secretary of state finds that the name proposed for
the conservation district is identical to that of another
conservation district or so nearly similar as to lead to
confusion or uncertainty, the secretary shall certify that fact
to the state board and the state board shall submit to the
secretary a new name for the conservation district that is free
of that defect. After receipt of a name that is free of that
defect, the secretary shall record the application and statement,
with the modified name, in an appropriate book of record in the
secretary's office.
(c) When the application and statement are filed and recorded as
provided by this section, the conservation district constitutes a
governmental subdivision and a public body corporate and politic.
(d) The secretary of state shall make and issue to the directors
a certificate, under the state seal, of the due organization of
the conservation district. The secretary shall record the
certificate with the application and statement.
Acts 1981, 67th Leg., p. 1468, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1993, 73rd Leg., ch. 300, Sec. 24, eff.
Aug. 30, 1993.
Sec. 201.049. EFFECT OF CERTIFICATE; ADMISSIBILITY. In a suit,
action, or proceeding involving the validity or enforcement of,
or relating to, a contract, proceeding, or action of a
conservation district, the conservation district is considered to
have been established in accordance with this chapter on proof of
the issuance of a certificate of organization by the secretary of
state. A copy of the certificate certified by the secretary of
state is admissible in evidence in the suit, action, or
proceeding and is proof of the filing of the certificate and the
contents of the certificate.
Acts 1981, 67th Leg., p. 1468, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 201.050. CHANGE IN CONSERVATION DISTRICT OR SUBDIVISION
BOUNDARIES. (a) A group of eligible voters may petition the
state board for the inclusion of additional territory in an
existing conservation district. Except as provided by Subsection
(b) of this section, the petition is governed by, and the state
board shall conduct proceedings on the petition in accordance
with, the provisions of this subchapter relating to petitions for
the creation of a conservation district. The state board shall
prescribe the form for the petition, which must be as similar as
practicable to the form provided for petitions for the creation
of a conservation district.
(b) If there are fewer than 100 eligible voters in the area
proposed for inclusion in the conservation district, and the
petition is signed by two-thirds of those persons, the area may
be included in the conservation district without an election. A
person is eligible to vote at an election for including territory
in an existing conservation district only if the person owns land
in the territory to be included.
(c) The board of directors of one or more conservation districts
may submit a petition to the state board requesting a division of
the conservation district, a combination of two or more
conservation districts, or a transfer of land from one
conservation district to another. The petition must be signed by
a majority of the directors of eac