SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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,...
SUBCHAPTER B STATE SOIL AND WATER CONSERVATION BOARD
- Texas Section 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,...
- Texas Section 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...
- Texas Section 201.0111 - Appointments
Appointments to the state board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees. Added...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 201.0142 - Training Program For Members Of State Board
(a) A person who is elected or appointed and qualifies for office as a member of the state board may not vote, deliberate, or be...
- Texas Section 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....
- Texas Section 201.0151 - Removal From Board
(a) It is a ground for removal from the state board that a member: (1) does not: (A) if the member is elected, have at...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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.
- Texas Section 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...
- Texas Section 201.0225 - Carrizo Cane Eradication Program
The state board shall develop and implement a program to eradicate Carrizo cane along the Rio Grande River. Added by Acts 2015, 84th Leg., R.S.,...
- Texas Section 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...
- Texas Section 201.0231 - Complaints
(a) The state board shall maintain a central database of complaints filed with state board offices and a system to promptly and efficiently act on...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 201.028 - Annual Report
Not later than January 1 of each year, the state board shall prepare and deliver to the governor, the lieutenant governor, and the speaker of...
- Texas Section 201.029 - Grant Program Administration
(a) In this section, "grant program" means a competitive grant program administered by the state board under this title and funded primarily by state funds....
SUBCHAPTER C CREATION, BOUNDARY CHANGES, AND DISSOLUTION OF SOIL AND WATER CONSERVATION DISTRICTS
- Texas Section 201.030 - Negotiated Rulemaking; Alternative Dispute Resolution
(a) The state board shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 201.051 - Dissolution Of Conservation District
(a) A conservation district may be dissolved by majority vote of the eligible voters in an election conducted in the manner provided by this subchapter...
SUBCHAPTER D SOIL AND WATER CONSERVATION DISTRICT ADMINISTRATION
- Texas Section 201.0511 - Effect Of Dissolution
(a) On issuance of a certificate of dissolution under Section 201.051 of this code, the ordinances and regulations adopted by the dissolved district cease to...
- Texas Section 201.071 - Composition Of Board Of Directors
(a) Except as provided for the initial board, the board of directors of a conservation district is composed of five persons, with one director elected...
- Texas Section 201.072 - Qualifications Of Directors
In order to serve as a director, a person must be an eligible voter who owns land within the numbered subdivision from which the person...
- Texas Section 201.073 - Election Of Directors
(a) Except as provided for the initial election of directors, the persons who are eligible voters and own land in a conservation district are entitled...
- Texas Section 201.074 - Election Of Initial Directors
(a) Not later than the 30th day after the date of issuance of a certificate of organization by the secretary of state, the state board...
- Texas Section 201.075 - Terms Of Directors
(a) Except as provided for the initial directors, directors serve for staggered terms of four years with the term of one or two members expiring...
- Texas Section 201.076 - Vacancy; Removal
(a) If a vacancy occurs in the office of director, the remaining directors by majority vote shall appoint a director for the unexpired term. The...
- Texas Section 201.077 - Compensation And Mileage Allowance
(a) A director may receive compensation in an amount not to exceed $30 for each day the director attends meetings of the board of directors,...
- Texas Section 201.078 - Majority Vote Requirement
The concurrence of a majority of the directors is required for the determination of any matter within their duties. Acts 1981, 67th Leg., p. 1471,...
- Texas Section 201.079 - Officers And Employees; Surety Bonds
(a) The directors shall designate from among themselves a chairman, vice-chairman, and secretary and may change those designations from time to time. (b) The directors...
- Texas Section 201.080 - Records, Reports, Accounts, And Audits
(a) The directors shall provide for keeping full and accurate accounts and for keeping records of proceedings conducted and resolutions, regulations, and orders issued or...
SUBCHAPTER E GENERAL POWERS AND DUTIES OF SOIL AND WATER CONSERVATION DISTRICTS
- Texas Section 201.081 - Annual Meeting Of Directors
(a) The state board shall provide for an annual meeting of conservation district directors to be held at a time and place determined by the...
- Texas Section 201.101 - Corporate Powers
(a) A conservation district is a governmental subdivision of this state and a public body corporate and politic. A conservation district may: (1) sue and...
- Texas Section 201.102 - Preventive And Control Measures
A conservation district may carry out preventive and control measures within its boundaries, including engineering operations, methods of cultivation, growing of vegetation, changes in the...
- Texas Section 201.103 - Cooperation And Agreements With Other Entities
(a) A conservation district may cooperate or enter into an agreement with any other entity, including a state or federal agency or an owner or...
- Texas Section 201.104 - Acquisition, Administration, And Sale Of Real Or Personal Property
A conservation district may obtain options on or acquire in any manner, including purchase, exchange, lease, gift, grant, bequest, or devise, any real or personal...
- Texas Section 201.105 - Acquisition, Administration, And Sale Of Materials And Equipment
(a) A conservation district may purchase machinery, equipment, seed, seedlings, fertilizer, fish for stocking farm ponds, or other supplies or conservation materials essential for the...
- Texas Section 201.106 - Construction And Maintenance Of Structures
A conservation district may construct, improve, and maintain any structure necessary or convenient for the performance of an operation authorized by this chapter. Acts 1981,...
- Texas Section 201.107 - Conservation Plans And Information
(a) A conservation district may develop comprehensive plans for the conservation of soil resources and for the control and prevention of soil erosion within the...
SUBCHAPTER F LAND-USE REGULATION
- Texas Section 201.108 - Assumption Of Government Projects; Acceptance Of Government Grants
(a) A conservation district may take over, by purchase, lease, or other method, and administer any soil conservation, erosion control, or erosion prevention project located...
- Texas Section 201.121 - Regulatory Powers; Petition For Adoption
(a) If petitioned by 50 or more eligible voters in the conservation district, the directors of a conservation district may propose an ordinance governing the...
- Texas Section 201.122 - Hearing
The directors of a conservation district may conduct public hearings and public meetings on proposed land-use regulations as necessary to assist the directors in the...
- Texas Section 201.123 - Election
(a) The directors may not adopt an ordinance prescribing land-use regulations unless adoption of the ordinance is approved by at least 90 percent of the...
- Texas Section 201.124 - Effect Of Ordinance
An ordinance adopted under this subchapter has the force and effect of law in the conservation district and is binding on all owners or occupiers...
- Texas Section 201.125 - Distribution Of Copies Of Ordinance
The directors shall print copies of each ordinance prescribing land-use regulations and make those copies available to owners and occupiers of land in the conservation...
- Texas Section 201.126 - Amendment Or Repeal Of Ordinance
(a) An owner or occupier of land in a conservation district may at any time file a petition with the directors requesting the amendment, supplementation,...
- Texas Section 201.127 - Frequency Of Elections
An election on the adoption, amendment, supplementation, or repeal of land-use regulations may not be held more often than once every six months. Acts 1981,...
- Texas Section 201.128 - Enforcement
(a) The directors are entitled to go upon any land in the conservation district to determine if land-use regulations adopted under this subchapter are being...
- Texas Section 201.129 - Board Of Adjustment
(a) If the directors of a conservation district adopt an ordinance prescribing land-use regulations, the directors by ordinance shall provide for the establishment of a...
- Texas Section 201.130 - Procedures Of Board Of Adjustment
(a) A board of adjustment shall adopt rules to govern its proceedings that are consistent with this chapter and the land-use regulations adopted for the...
- Texas Section 201.131 - Petition For Variance
(a) An owner or occupier of land within a conservation district may petition the board of adjustment of that conservation district to authorize a variance...
- Texas Section 201.132 - Hearing On Variance Petition
(a) After receiving a petition for a variance, a board of adjustment shall schedule a hearing on the petition and give notice of that hearing....
SUBCHAPTER G POWERS AND DUTIES OF OTHER GOVERNMENTAL SUBDIVISIONS
- Texas Section 201.133 - Granting Of Variance
(a) If, on the basis of the facts presented at a hearing on a petition for a variance, the board of adjustment determines that there...
- Texas Section 201.151 - Use Of County Machinery And Equipment
(a) A county may employ or permit to be employed in soil conservation and the prevention of soil waste through erosion, any county machinery, including...
SUBCHAPTER H TECHNICAL ASSISTANCE PROGRAM FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES
- Texas Section 201.152 - Contracts For Flood Control And Drainage
(a) A county, city, water control and improvement district, drainage district, or other political subdivision may contract with a conservation district for the joint acquisition...
- Texas Section 201.201 - Creation Of Program
A technical assistance program for soil and water conservation land improvement measures is created and shall be administered by the State Soil and Water Conservation...
- Texas Section 201.202 - Use Of Funds
(a) The State Soil and Water Conservation Board shall use money from the agricultural soil and water conservation fund for providing technical assistance to landowners...
- Texas Section 201.203 - Designation Of Local Districts
(a) The State Soil and Water Conservation Board shall designate particular soil and water conservation districts to administer certain programs. (b) Before a local soil...
SUBCHAPTER I COST-SHARE ASSISTANCE PROGRAM FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES
- Texas Section 201.204 - Rules
The State Soil and Water Conservation Board may adopt necessary rules to carry out this subchapter. Added by Acts 1985, 69th Leg., ch. 133, Sec....
- Texas Section 201.301 - Creation Of Program
The state board shall administer a cost-share assistance program for soil and water conservation land improvement measures. Added by Acts 1993, 73rd Leg., ch. 54,...
- Texas Section 201.302 - Use Of Funds
(a) The state board may provide cost-share assistance to landowners or operators for the installation of soil and water conservation land improvement measures consistent with...
- Texas Section 201.303 - Allocation Of Funds
(a) The state board may allocate funds under this subchapter among particular soil and water conservation land improvement measures or among areas of the state...
- Texas Section 201.304 - Eligibility For Cost-share Assistance
As a condition for assistance under this subchapter, the state board may require that a person: (1) own or operate agricultural land within the boundaries...
- Texas Section 201.305 - Eligible Soil And Water Conservation Land Improvement Measures
(a) Soil and water conservation land improvement measures eligible for cost-share assistance shall be determined by the state board and must be consistent with the...
- Texas Section 201.306 - Application For Cost-share Assistance
An application for cost-share assistance may be made on forms provided by the state board or by other means approved by the state board. Added...
- Texas Section 201.307 - Approval Of Application
(a) A conservation district may approve an application for cost-share assistance if the soil and water conservation land improvement measure is consistent with the purposes...
- Texas Section 201.308 - Cost-share Rates
(a) The state board shall establish the cost-share rates for all eligible soil and water conservation land improvement measures. (b) The state board may not...
- Texas Section 201.309 - Standards And Specifications
The state board shall establish standards and specifications for soil and water conservation land improvement measures eligible for cost-share assistance. Added by Acts 1993, 73rd...
- Texas Section 201.310 - Cost-share Payments
(a) The state board shall make each cost-share assistance payment directly to an eligible person. (b) Before making a payment to an eligible person for...
- Texas Section 201.311 - Designation Of Local Districts
The state board may designate one or more conservation districts to administer this subchapter locally. Added by Acts 1993, 73rd Leg., ch. 54, Sec. 2,...