Court Opinions

State Laws

US Code

US Constitution

Texas Agriculture Code - Section 76.144. County Herbicide Regulations

Legal Research Home > Texas Lawyer > Agriculture Code > Texas Agriculture Code - Section 76.144. County Herbicide Regulations

§ 76.144. COUNTY HERBICIDE REGULATIONS.  (a) If the 
commissioners court of a county determines that a valuable crop or 
vegetation susceptible to being adversely affected by the 
application of a regulated herbicide exists in an area of the county 
and that a departmental rule adopted or prohibition prescribed 
under Section 76.141 or 76.142 not currently applicable to the area 
should apply to the area, the commissioners court may enter an order 
in the minutes of the court under which the department's rule or 
prohibition under Section 76.141 or 76.142 becomes effective in the 
specified area of the county beginning January 1 of the following 
year.
	(b)  If the commissioners court of a county determines that 
there is no longer a valuable crop or vegetation susceptible to 
being adversely affected by the application of a regulated 
herbicide in the specified area of the county, the court may rescind 
its order under Subsection (a) effective January 1 of the following 
year.
	(c)  The department shall adopt rules concerning the use of a 
regulated herbicide in a county in which the commissioners court 
has entered an order under Subsection (a) of this section.
	(d)  The department may immediately suspend a rule of the 
department regarding the application dates of a regulated herbicide 
in an area of a county if:
		(1)  the commissioners court of the county established 
the applicability of the rule by adopting an order as provided by 
Subsection (a);
		(2)  the commissioners court requests that the 
department immediately suspend the rule;  and
		(3)  the department determines that an imminent threat 
to agricultural interests exists in the county and if that threat is 
not immediately addressed by a suspension of the department's rule 
a significant economic loss will result.
	(e)  Before the commissioners court of a county may enter an 
order under this section, the commissioners court shall hold a 
hearing to determine whether the order should be issued.  Before the 
10th day before the date on which the hearing is to be held, the 
commissioners court shall publish notice of the hearing in at least 
one newspaper in the county.
	(f)  The commissioners court shall transcribe the hearing 
and make findings of fact based on the hearing and conclusions of 
law to support its order in the manner prescribed for a final order 
or decision in a contested case under Chapter 2001, Government 
Code.
	(g)  Before the 21st day after the date on which an order 
under Subsection (a) is entered, an interested person may appeal 
the order to a district court in the county to test the 
reasonableness of the basis for the commissioners court order.  The 
provisions of Subchapter G, Chapter 2001, Government Code, that 
apply to the judicial review of a contested case under the 
substantial evidence rule apply to the appeal, except that the 
appeal is brought in a district court for the county in which the 
appealed order applies.  An appeal may be taken from the district 
court as in other civil cases.
	(h)  The commissioners court of the county shall notify the 
department of a change in the status of a county or a portion of a 
county under this section.

Added by Acts 1997, 75th Leg., ch. 1369, § 1, eff. Sept. 1, 1997.          

Last modified: August 10, 2007