Texas Agriculture Code Title 5, Chapter 78 - Noxious Weed Control Districts
SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 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.,...
- Texas Section 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...
- Texas Section 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:...
- Texas Section 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)...
SUBCHAPTER B CREATION OF DISTRICT
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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....
- Texas Section 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...
SUBCHAPTER C ADMINISTRATION
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER D ENFORCEMENT
- Texas Section 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...
- Texas Section 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,...
- Texas Section 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....
- Texas Section 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)...
- Texas Section 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...
SUBCHAPTER E ASSESSMENTS AND APPROPRIATIONS
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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,...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER F DISSOLUTION OF DISTRICT
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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....
SUBCHAPTER G ANNUAL REVIEW TO EXCLUDE LAND IN CROSBY COUNTY
- Texas Section 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...
- Texas Section 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....
Last modified: September 28, 2016