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.