Title AG, Agriculture Code

Sec. 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 a district. Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 1…

Sec. 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 of this state, including agricultural resources. (b) A district creat…

Sec. 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 court of a county in which an agricultural facility of the proposed district is to be loca…

Sec. 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, if there is a recorded map or plat and survey of the area; (2) include a name for the proposed distr…

Sec. 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 considered. The notice of the hearing must state that any person may appear and pr…

Sec. 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 mailed to the persons who signed the petition and be published in a newspaper with general circ…

Sec. 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 hearing to offer evidence or testimony on the sufficiency of the petition and whether the di…

Sec. 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 district and the proposed development is feasible and necessary and would serve the public purpos…

Sec. 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 to serve as directors. (b) A vacancy in the office of temporary direc…

Sec. 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., ch. 1393, Sec. 1, eff. June 16, 2001.

Sec. 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 directors. Added by Acts 2001, 77th Leg., ch. 1393, S…

Sec. 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 names of at least five persons to serve as the initial permanent members of the board of directors; (2) the …

Sec. 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 in a newspaper with general circulation in the county in which the most land within the proposed district …

Sec. 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 printed to permit: (1) voting for or against the proposition: "The creation of __________ Agricultural …

Sec. 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 canvass the returns and declare the results. (b) If a majority of the votes cast in the election…

Sec. 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 or duty expressly or implicitly granted to the district under this chapter. (b) A district may own or impl…

Sec. 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) stimulating innovation in agricultural enterprises; (3) seeking to eliminate unemploymen…

Sec. 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 in the district; (3) acquire, design, construct, and operate an agricult…

Sec. 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 the preservation and conservation of the soil and water in the district for a…

Sec. 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 the purposes of this c…

Sec. 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 an agricultural enterprise; (B) with a municipality or county to provide law enforceme…

Sec. 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 by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.

Sec. 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 functional capabilities or the land on which an agricultural facility is to be built, if the land wil…

Sec. 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.

Sec. 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. (c) The district may not be required to give a bond on an appeal or writ of error in a civil case that the district is prosecutin…

Sec. 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 do not apply. As provided by those sections, the district may annex land that is not ad…

Sec. 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 domain, if the board determines that there is a benefit to the district in exercising…

Sec. 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 the purchaser written notice that the property is located in the district. The notice must be given to the…

Sec. 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: (1) the form described by Subsection (b); (2) a complete and accurate map or plat showing the boundaries of the dis…

Sec. 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.

Sec. 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, eff. June 16, 2001. SUBCHAPTER D. BOARD OF DIRECTORS

Sec. 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 the county commissioners court of each county in which the district is located, the board may increase or…

Sec. 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. 1393, Sec. 1, eff. June 16, 2001.

Sec. 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 by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.

Sec. 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 considers necessary for conducting the affairs of the district, including engineers, attorneys, …

Sec. 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 a hearing called by the board. The hearings examiner may be a district employee or director. Added by Acts 2001, 77…

Sec. 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 duty. Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.

Sec. 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 on the faithful performance of the director's duties. (b) Each director's bond must be approved by …

Sec. 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, governs conflicts of interest for directors. (b) Section 171.004, Local …

Sec. 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 this subchapter; (3) borrow money for any corporate purpose or combination of purposes;…

Sec. 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 making plans, including the cost of feasibility analyses, engineering repo…

Sec. 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 under Chapter 1371, Government Code. (b) When authorizing the issuance of a bond, the district may also authorize the …

Sec. 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 assessed requesting the assessment and the issuance of bonds. Added by Acts 2001, 77th Leg., ch.…

Sec. 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 of general obligation or revenue bonds issued by the authority o…

Sec. 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 modified by this section. (b) A county commissioners court may establish a reinvestment zone includin…

Sec. 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 purpose authorized by this chapter. (b) Money derived from an assessment for one purpose may not be borrowed or oth…