Texas Agriculture Code Title 4, Chapter 60 - Texas Agricultural Development Districts

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 60.001 - Short Title
  This chapter may be cited as the Agricultural Development District Act. Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
• Texas Section 60.002 - Legislative Intent
  This chapter furthers the public purpose of improving the economy of this state by providing incentives for the development of agricultural operations and facilities. Added...
• Texas Section 60.003 - Findings
  (a) Agriculture is a critical element in Texas' economic, cultural, and historical development but is under considerable pressure as a result of market concentration, competitive...
• Texas Section 60.004 - Definitions
  In this chapter: (1) "Assessment" means a charge levied against real property located within a district's boundaries or against an agricultural product produced on real...
• Texas Section 60.005 - Governmental Agency; Tort Claims
  A district is a governmental agency, a body politic and corporate, and a political subdivision of this state. Section 375.004, Local Government Code, applies to...

SUBCHAPTER B CREATION OF DISTRICT

• Texas Section 60.006 - Purpose And Nature Of District
  (a) A district is created as a conservation and reclamation district under Section 59, Article XVI, Texas Constitution, to conserve and develop the natural resources...
• Texas Section 60.021 - Petition To Establish District
  (a) On petition of at least 10 residents of a proposed district, five of whom must own real property in the proposed district, the commissioners...
• Texas Section 60.022 - Contents Of Petition
  A petition filed under Section 60.021 must: (1) describe the boundaries of the proposed district by metes and bounds or by lot and block number,...
• Texas Section 60.023 - Commissioners Court To Call Public Hearing
  Before the 30th day after the date a petition is received, the commissioners court shall call a public hearing at which the petition will be...
• Texas Section 60.024 - Additional Notice Of Public Hearing
  In addition to other notice required by law, before the 14th day before the date of the public hearing, notice of the hearing shall be...
• Texas Section 60.025 - Public Hearing
  (a) At the public hearing, the commissioners court shall examine the petition to ascertain its sufficiency. (b) Any interested person may appear at the public...
• Texas Section 60.026 - Action On Petition
  (a) After the hearing, if the commissioners court finds that the petition conforms to the requirements of Section 60.022 and that the creation of the...
• Texas Section 60.027 - Temporary Directors; Vacancy In Office
  (a) If the commissioners court grants the petition, it shall appoint as temporary directors of the district five persons who are qualified under this chapter...
• Texas Section 60.028 - Qualification And Bond Of Temporary Directors
  Each temporary director shall execute a bond in accordance with Section 60.087 and shall take the oath of office. Added by Acts 2001, 77th Leg.,...
• Texas Section 60.029 - Election To Confirm District And Initial Permanent Directors
  The temporary board of directors shall conduct an election in the district to confirm the creation of the district and to confirm the initial permanent...
• Texas Section 60.030 - Election Order
  An order calling an election under Section 60.029 must state: (1) the nature of the election, the proposition to appear on the ballot, and the...
• Texas Section 60.031 - Notice
  In addition to other notice required by law, the temporary directors shall give notice of the election by publishing the substance of the election order...
• Texas Section 60.032 - Conduct Of Election
  (a) The election shall be held in accordance with the Election Code, to the extent not inconsistent with this chapter. (b) The ballot shall be...

SUBCHAPTER C DISTRICT POWERS AND DUTIES

• Texas Section 60.033 - Election Results
  (a) After the election, the presiding judge shall make returns of the result to the temporary board of directors. The temporary board of directors shall...
• Texas Section 60.051 - General Powers And Duties
  (a) A district has the powers and duties that are prescribed by this chapter and that are necessary or desirable to carry out a power...
• Texas Section 60.052 - Economic Development
  A district may encourage the economic development of the area in which the district is located by: (1) fostering the growth of agricultural enterprises; (2)...
• Texas Section 60.053 - Agricultural Development
  (a) A district may: (1) promote all agricultural enterprises, facilities, and services of the district; (2) encourage the maintenance and conservation of soil and water...
• Texas Section 60.054 - Agricultural Projects; Notice
  (a) The district shall designate as an agricultural project a project that relates to the development of agriculture in the district and surrounding areas and...
• Texas Section 60.055 - Transportation Development; Navigation Districts
  (a) The district may encourage the transportation and distribution of the district's agricultural products through the development and operation of transportation structures necessary to further...
• Texas Section 60.056 - Agreements; Donations
  (a) The district may: (1) make an agreement with any person for any district purpose, including an agreement: (A) to acquire, construct, operate, or maintain...
• Texas Section 60.057 - Property
  The district may acquire or dispose of property in any manner, including by: (1) conveyance; (2) mortgage; or (3) lease, as lessor or lessee. Added...
• Texas Section 60.058 - Eminent Domain
  The district may exercise the power of eminent domain for the purpose of acquiring an agricultural facility in order to own, operate, or maintain its...
• Texas Section 60.059 - Research
  The district may conduct or pay for research for agricultural purposes. Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
• Texas Section 60.060 - Suits
  (a) The district may sue and be sued. (b) In a suit against the district, process may be served on a director or registered agent....
• Texas Section 60.061 - Annexation; Excluding Territory
  (a) The district may annex land as provided by Section 49.301 or 49.302, Water Code, except that the references in those sections related to taxes...
• Texas Section 60.062 - Powers Beyond District Territory
  The district may exercise any of its powers outside the boundaries of the district, except the power to impose assessments and the power of eminent...
• Texas Section 60.063 - Notice To Purchasers
  (a) Except as provided by Subsection (e), any person who proposes to sell or convey real property located in a district must first give to...
• Texas Section 60.0631 - Filing Information
  (a) A district shall file with the department and the county clerk in each county in which all or part of the district is located:...
• Texas Section 60.064 - Official Seal
  The district may adopt an official seal for the district. Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.

SUBCHAPTER D BOARD OF DIRECTORS

• Texas Section 60.065 - Limit On District Powers
  The district may not exercise a power unless it furthers the purposes of this chapter. Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1,...
• Texas Section 60.081 - Board Of Directors
  (a) The district is governed by a board of directors selected in the manner provided by the order issued under Section 60.030. On approval of...
• Texas Section 60.082 - Vacancies
  The remaining directors shall fill by appointment for the unexpired term a vacancy in the office of director. Added by Acts 2001, 77th Leg., ch....
• Texas Section 60.083 - Board Meetings
  The board shall meet at least once every three months and at the call of the presiding officer or a majority of the directors. Added...
• Texas Section 60.084 - Management Of District
  (a) The board has control over and shall manage the affairs of the district and may employ any person, firm, partnership, or corporation the board...
• Texas Section 60.085 - Hearings
  (a) The board may conduct hearings and take evidence on any matter before the board. (b) The board may appoint a hearings examiner to conduct...
• Texas Section 60.086 - Compensation And Expenses
  A director serves without compensation but is entitled to be reimbursed by the district for a reasonable and necessary expense incurred in performing an official...
• Texas Section 60.087 - Director's Bond
  (a) As soon as practicable after a director is appointed or elected, the director shall execute a $10,000 bond payable to the district and conditioned...

SUBCHAPTER E FINANCES; BONDS

• Texas Section 60.088 - Conflicts Of Interest; Affidavit Of Interest
  (a) Except as provided in this section: (1) a director may participate in all board votes and decisions; and (2) Chapter 171, Local Government Code,...
• Texas Section 60.101 - Miscellaneous Financial Powers And Duties
  (a) The district may: (1) impose a charge for using land, a facility, or a service the district provides; (2) issue bonds as provided by...
• Texas Section 60.102 - Repayment Of Organizational Expenses
  The directors may pay: (1) all costs and expenses necessarily incurred in the creation and organization of the district; (2) the cost of investigation and...
• Texas Section 60.103 - Bonds
  (a) The district may issue any type of bond, including an anticipation note or refunding bond, for any district purpose. A bond may be issued...
• Texas Section 60.104 - Approval Of Assessment Bonds
  A bond secured by an assessment may not be issued unless the district receives a written petition signed by each owner of the property being...
• Texas Section 60.105 - Agricultural Finance Authority Bonds
  (a) A district may apply for and receive financial assistance from the Texas Agricultural Finance Authority. The assistance may be funding derived from the proceeds...

SUBCHAPTER F ASSESSMENTS

• Texas Section 60.106 - Tax Increment Financing
  (a) A district may use tax increment financing under Chapter 311, Tax Code, in the manner provided by that chapter for a municipality and as...
• Texas Section 60.121 - General Powers
  (a) A district may impose an assessment: (1) for a district expense; (2) to finance a project or district service; or (3) for any other...
• Texas Section 60.122 - Limits On Assessments
  (a) A district may impose an assessment only on real property or on an agricultural product produced on real property included in a petition for...
• Texas Section 60.123 - Hearing And Petition Required
  A district may impose an assessment only if: (1) a written petition has been filed with the board that: (A) requests the assessment; (B) states...
• Texas Section 60.124 - Apportionment Of Cost
  The board shall apportion the cost of an assessment according to the special benefits accruing to the real property or product because of the project...
• Texas Section 60.125 - Assessment To Finance A Project Or Service
  If the board determines the total cost of an assessment to finance a project or service, the board shall impose the assessment against each parcel...
• Texas Section 60.126 - Assessment Roll
  (a) The board shall prepare and maintain an assessment roll showing the assessment against each parcel of real property and against all applicable agricultural products...
• Texas Section 60.127 - Interest On Assessments; Lien
  (a) An assessment, including an assessment resulting from an addition or correction to the assessment roll, penalties and interest on an assessment, assessment collection expenses,...
• Texas Section 60.128 - Mistakes
  After notice and hearing in the manner required for an original assessment, the board may impose an assessment to correct a mistake in the assessment:...
• Texas Section 60.129 - Notice Of Hearing
  (a) In addition to other notice required by law, the board shall provide notice of an assessment hearing in a newspaper with general circulation in...
• Texas Section 60.130 - Conduct Of Hearing
  (a) A hearing on a proposed assessment may be adjourned from time to time. (b) If a hearings examiner conducts the hearing, the examiner shall...
• Texas Section 60.131 - Rehearing
  On petition of a property owner contesting an assessment of the owner's real property or agricultural products received not later than the 30th day after...
• Texas Section 60.132 - Filing Of Notice Of Assessment
  Not later than the 30th day after the date on which an assessment order is issued, the district shall file a notice of the assessment...
• Texas Section 60.133 - Appeal Of Individual Assessment
  (a) A real property owner or a person who owns an agricultural product against which an assessment is imposed may appeal the assessment to a...

SUBCHAPTER G DISSOLUTION

• Texas Section 60.134 - Assessment After Appeal
  If the court holds that an assessment is invalid, the board may impose a new assessment in accordance with this subchapter. Added by Acts 2001,...
• Texas Section 60.151 - Dissolution
  The district dissolves if: (1) a majority of the board votes for dissolution; and (2) all district debts and obligations have been discharged. Added by...
• Texas Section 60.152 - Disposition Of Property Of Dissolved District
  Prior to dissolution, the board may sell its property. If the purchaser of any district property is not a governmental entity, purchase by the person...

Last modified: September 28, 2016