reglab/statecodes huggingface dataset:
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter D. Soil and Water Conservation District Administration › Section 201.074. Election of Initial Directors

Sec. 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 shall designate a time and place for an election of directors in the subdivisions of the conservation districts numbered one, three, and five and shall give notice of that election.
(b)  The persons who are eligible voters and own land in a conservation district are entitled to elect the directors for the district.  The eligible voters shall meet and elect the directors in the manner provided by Section 201.073 of this code, except that the state board shall designate the date, time, and place for the election.
(c)  The Election Code does not apply to elections under this section.
Acts 1981, 67th Leg., p. 1470, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 611, Sec. 8, eff. Sept. 1, 1985.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter D. Soil and Water Conservation District Administration › Section 201.075. Terms of Directors

Sec. 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 each year.
(b)  The term of office of a director begins on the day after the director's election.
Acts 1981, 67th Leg., p. 1471, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 611, Sec. 20, eff. Sept. 1, 1985.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter D. Soil and Water Conservation District Administration › Section 201.076. Vacancy; Removal

Sec. 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 appointee must be approved by the state board before taking office.
(b)  If a vacancy occurs in the office of director and the vacancy is not filled by appointment by the remaining directors as required by this section within six months after the vacancy occurs, the state board may call for an election to be held for the purpose of electing a director to complete the term.
(c)  If the number of qualified directors is less than the number required to conduct business as required by Section 201.078 of this code, the state board may call for an election to be held for the purpose of electing directors for each vacant subdivision to complete the unexpired term.
(d)  An election under this section must be conducted in the manner provided by Section 201.073 of this code, except that the state board shall designate the date, time, and place of the election.
(e)   Following notice and a hearing, the state board may remove a director, but only if the director:
(1)  neglects the duty of the office;
(2)  is guilty of malfeasance in office;  or
(3)  is disqualified as a voter in the conservation district.
Acts 1981, 67th Leg., p. 1471, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1991, 72nd Leg., ch. 9, Sec. 1, eff. Aug. 26, 1991.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter D. Soil and Water Conservation District Administration › Section 201.077. Compensation and Mileage Allowance

Sec. 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, plus the state mileage reimbursement rate specified in the General Appropriations Act for travel each way between the residence of the director and a designated meeting place within the boundaries of the conservation district.
(b)  A director is entitled to be paid quarterly, but may not receive the compensation and mileage allowance for more than five days in any three-month period except as provided for attending an annual meeting or a state district convention.
(c)  Two directors are entitled to receive $30 a day for not more than two days, and one director is entitled to receive the state mileage reimbursement rate specified in the General Appropriations Act for travel, while attending the annual statewide meeting of directors.
Acts 1981, 67th Leg., p. 1471, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 624 (H.B. 496), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter D. Soil and Water Conservation District Administration › Section 201.078. Majority Vote Requirement

Sec. 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, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter D. Soil and Water Conservation District Administration › Section 201.079. Officers and Employees; Surety Bonds

Sec. 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 may employ officers, agents, and employees, temporary or permanent, as the board of directors may require and shall determine their qualifications, duties, and compensation.
(c)  The directors may delegate any power or duty under this chapter to the chairman, one or more of the directors, or one or more of their agents or employees.
(d)  The directors shall provide that all officers and employees who are entrusted with funds or property of the conservation district be bonded in accordance with Chapter 653, Government Code.
Acts 1981, 67th Leg., p. 1472, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(29), eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter D. Soil and Water Conservation District Administration › Section 201.080. Records, Reports, Accounts, and Audits

Sec. 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 adopted.
(b)  The directors shall furnish to the state board on request copies of ordinances, rules, regulations, orders, contracts, forms, other documents that the directors adopt or employ, and other information concerning the directors' activities that the state board requires in the performance of its duties under this chapter.  The state board may demand at any time and pay the costs of an audit of a conservation district's accounts.
(c)  The directors shall deposit all funds with state or national banks or in savings and loan associations.  The directors shall either deposit the funds in demand or time accounts, including interest-bearing accounts, or purchase certificates of deposit.  The funds may be withdrawn only on approval of the directors and only by check or order signed by the chairman and the secretary.
(d)  The directors shall provide for an audit of the conservation district's accounts.  The audit must be performed subject to rules adopted by the state board.
(e)  The conservation district may pay the cost for keeping accounts and making audits out of any available funds of the conservation district.
(f)  The preservation, microfilming, destruction, or other disposition of the records of the conservation district is subject to the requirements of Subtitle C, Title 6, Local Government Code, and rules adopted under that subtitle.
Acts 1981, 67th Leg., p. 1472, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 611, Sec. 9, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 1248, Sec. 25, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 8, Sec. 1, eff. Aug. 26, 1991.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter D. Soil and Water Conservation District Administration › Section 201.081. Annual Meeting of Directors

Sec. 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 state board.
(b)  The state board may charge each person attending an annual meeting registration and other fees to defray the cost of conducting the annual meeting.
(c)  The state board may maintain an account in a local depository bank for the purpose of depositing fees collected under Subsection (b) of this section or for depositing donations or grants made for the purpose of funding the annual meeting of the conservation district directors.  Money in the account shall be held in trust for persons attending the annual meeting and shall be used exclusively for paying the costs of the meeting.  The state board may select any state or national bank as the depository.  An account maintained under this subsection is subject to audit by the State Auditor.
Acts 1981, 67th Leg., p. 1472, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 3851, ch. 605, Sec. 1, eff. Aug. 29, 1983;  Acts 1991, 72nd Leg., ch. 55, Sec. 1, eff. Aug. 26, 1991.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter E. General Powers and Duties of Soil and Water Conservation Districts › Section 201.101. Corporate Powers

Sec. 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 be sued in the name of the conservation district;
(2)  have a seal, which shall be judicially noticed;
(3)  make and execute contracts and other instruments necessary or convenient to the exercise of its powers;  and
(4)  adopt rules consistent with this chapter to carry into effect its purposes and powers.
(b)  A conservation district may execute notes on the faith and credit of the conservation district for the purpose of making repairs, additions, or improvements to any property or equipment owned by the conservation district. The notes may be issued payable from current funds or reasonably contemplated revenues, but the conservation district may not issue notes payable from funds derived from the state.
(c)  Any note issued by a conservation district may be secured by a lien on the property or equipment to which the repairs, additions, or improvements are to be made if the property or equipment was not acquired from the state or with funds derived from the state.  A note executed in connection with the purchase of real property may be secured only by the purchased real property.
(d)  A conservation district may not levy taxes.
(e)  Debts incurred by a conservation district may not create a lien on the land of owners or occupiers of land in the district.
(f)  As a condition to extending benefits to, or performing any work on, land in the conservation district not owned or controlled by the state or a state agency, a conservation district may:
(1)  require contributions to the operation in services, materials, or another form;  and
(2)  require owners or occupiers of land to enter into and perform an agreement or covenant as to the permanent use of land that will tend to prevent or control soil erosion on that land.
Acts 1981, 67th Leg., p. 1472, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 46, Sec. 1, eff. April 27, 1989.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter E. General Powers and Duties of Soil and Water Conservation Districts › Section 201.102. Preventive and Control Measures

Sec. 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 use of land, and measures listed in Section 201.001(c) of this code.  The conservation district may carry out the measures on any land that is owned by the state or a state agency with the cooperation of the agency administering and having jurisdiction of the land.  If the land is owned by another person, the conservation district may carry out the measures on obtaining the consent of the owner or occupier or the necessary rights or interests in the land.
Acts 1981, 67th Leg., p. 1473, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter E. General Powers and Duties of Soil and Water Conservation Districts › Section 201.103. Cooperation and Agreements With Other Entities

Sec. 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 occupier of land within the conservation district, in the carrying on of erosion control and prevention operations in the conservation district as the directors consider necessary to advance the purposes of this chapter.  Within the limits of appropriations made available to the conservation district by law, the conservation district may furnish financial or other aid in accordance with the cooperative program or agreement.
(b)  The directors of two or more conservation districts may cooperate with one another in the exercise of any power conferred by this chapter.
(c)  The directors of a conservation district may invite the legislative body of a municipality or county located within or near the conservation district to designate a representative to advise and consult with the directors on all questions of program and policy that may affect the property, water supply, or other interests of the municipality or county.
(d)  A state agency that has jurisdiction over or administers state-owned land in a conservation district, or a county or other subdivision of this state that has jurisdiction over or administers other publicly owned land in a conservation district, shall cooperate to the fullest extent with the directors of the conservation district in the effectuation of programs and operations undertaken by the conservation district under this chapter.  The state agency, county, or subdivision shall provide the directors free access to enter and perform work on that land, and a land-use regulation adopted under Subchapter F of this chapter has the force and effect of law over that land and shall be observed by the entity administering the land.
Acts 1981, 67th Leg., p. 1473, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter E. General Powers and Duties of Soil and Water Conservation Districts › Section 201.104. Acquisition, Administration, and Sale of Real or Personal Property

Sec. 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 property or rights or interests in real or personal property.  In addition, the conservation district may:
(1)  maintain, administer, or improve the property;
(2)  receive income from the property and expend that income in carrying out this chapter;  or
(3)  sell, lease, or otherwise dispose of the property or interests in the property in furtherance of this chapter.
Acts 1981, 67th Leg., p. 1474, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter E. General Powers and Duties of Soil and Water Conservation Districts › Section 201.105. Acquisition, Administration, and Sale of Materials and Equipment

Sec. 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 purposes of a conservation district program and make them available to owners and occupiers of land in the conservation district.  The conservation district shall provide for maintaining, insuring, storing, and repairing the machinery and equipment.
(b)  The district may charge a fee for the use of machinery and equipment owned by the district that is calculated to pay the costs of deterioration and replacement of the machinery and equipment.
(c)  A conservation district may make any purchase of machinery or equipment through the comptroller under the terms and rules provided by law for purchases by the state or political subdivisions.
(d)  A conservation district may charge persons who own or occupy small amounts of land nominal amounts for projects benefiting them if the directors determine it to be in the interest of the general welfare.
(e)  A conservation district may sell on open bids any machinery or equipment considered obsolete or having served its purpose.  The funds earned or acquired by a conservation district from a source other than the state or earned or acquired from the operation or sale of machinery or equipment acquired from a source other than the state shall be deposited in a trust fund account of the conservation district and used for purposes considered by the directors to be in the best interest of the conservation district.
(f)  A conservation district shall use proceeds from the sale of any fertilizer, seed, seedlings, fish for stocking farm ponds, or other supplies or conservation materials to reimburse the conservation district for the costs of the materials and administration of the program and may fix the sale prices accordingly.
Acts 1981, 67th Leg., p. 1474, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 575, ch. 118, Sec. 1, eff. May 17, 1983.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.82, eff. September 1, 2007.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter E. General Powers and Duties of Soil and Water Conservation Districts › Section 201.106. Construction and Maintenance of Structures

Sec. 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, 67th Leg., p. 1475, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter E. General Powers and Duties of Soil and Water Conservation Districts › Section 201.107. Conservation Plans and Information

Sec. 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 conservation district.  In as much detail as possible, the plans shall specify the acts, procedures, performances, and avoidances that are necessary or desirable for the effectuation of the plans, including the specification of engineering operations, methods of cultivation, growing of vegetation, cropping programs, tillage practices, and changes in the use of land.
(b)  A conservation district may publish the comprehensive plans and bring them to the attention of owners and occupiers of land in the conservation district and may demonstrate, publish, or otherwise make available to those owners and occupiers any pertinent information relating to legumes, cover crops, seeding, tillage, land preparation, and management of grasses, seed, legumes, and cover crops, and the eradication of noxious growth under good conservation practices.
Acts 1981, 67th Leg., p. 1475, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter E. General Powers and Duties of Soil and Water Conservation Districts › Section 201.108. Assumption of Government Projects; Acceptance of Government Grants

Sec. 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 within its boundaries and undertaken by the federal government, the state, or a state or federal agency.
(b)  A conservation district may act as agent for the federal government, the state, or a state or federal agency in:
(1)  managing a soil conservation, erosion control, or erosion prevention project within the boundaries of the conservation district;  or
(2)  acquiring, constructing, operating, or administering a soil conservation, erosion control, or erosion prevention project within the boundaries of the conservation district.
(c)  A conservation district may accept a donation, gift, or contribution in money, materials, services, or other form from the federal government, the state, or a state or federal agency and use and expend the donation, gift, or contribution in carrying out its operations.
Acts 1981, 67th Leg., p. 1475, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter F. Land-Use Regulation › Section 201.121. Regulatory Powers; Petition for Adoption

Sec. 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 use of land within the conservation district in the interest of conserving soil and soil resources and preventing and controlling soil erosion.
(b)  An ordinance adopted under this subchapter may:
(1)  require the carrying out of necessary engineering operations, including the construction of terraces, terrace outlets, check dams, dikes, ponds, ditches, and other necessary structures;
(2)  require observance of particular methods of cultivation, including:
(A)  contour cultivating, contour furrowing, lister furrowing, or strip cropping;
(B)  planting, sowing, or seeding land with water-conserving and erosion-preventing plants, trees, or grasses;  and
(C)  forestations and reforestations;
(3)  specify cropping programs and tillage practices to be observed;
(4)  require the retirement from cultivation of highly erosive areas or of areas on which erosion may not be adequately controlled if cultivation is carried on;  or
(5)  provide other means, measures, operations, or programs that may assist conservation of soil resources or prevent or control soil erosion in the conservation district, having due regard for the legislative determinations made in Section 201.001 of this code.
(c)  Land-use regulations must be uniform throughout the conservation district, except that the directors may classify land in the conservation district according to relevant factors, including soil type, degree of slope, degree of erosion threatened or existing, or cropping or tillage practices in use.  The land-use regulations may vary with the type or class of land affected, but must be uniform as to all land within the type or class.
Acts 1981, 67th Leg., p. 1476, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter F. Land-Use Regulation › Section 201.122. Hearing

Sec. 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 adoption of an ordinance.
Acts 1981, 67th Leg., p. 1476, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter F. Land-Use Regulation › Section 201.123. Election

Sec. 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 eligible voters voting in an election under this section.  If the voters approve the ordinance by that percentage, the directors shall adopt the ordinance.
(b)  The directors shall give notice of the election that either recites the contents of the proposed ordinance or states where copies of the proposed ordinance may be examined.  The directors shall make copies of the proposed ordinance available for public inspection during the period between publication of notice and the election.
(c)  The ballot for the election shall be printed to provide for voting for or against the proposition:  "Approval of the proposed Ordinance No. _________, prescribing land-use regulations for conservation of soil and prevention of erosion."
(d)  The directors shall adopt rules governing the conduct of the election, supervise the election, and announce the result.
Acts 1981, 67th Leg., p. 1476, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter F. Land-Use Regulation › Section 201.124. Effect of Ordinance

Sec. 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 of land in the conservation district.
Acts 1981, 67th Leg., p. 1477, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter F. Land-Use Regulation › Section 201.125. Distribution of Copies of Ordinance

Sec. 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 district.
Acts 1981, 67th Leg., p. 1477, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter F. Land-Use Regulation › Section 201.126. Amendment or Repeal of Ordinance

Sec. 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, or repeal of land-use regulations prescribed by ordinance.
(b)  Land-use regulations prescribed by ordinance may be amended, supplemented, or repealed in accordance with the procedure prescribed by this subchapter for adoption of an ordinance, except that an ordinance may be suspended or repealed on majority vote of the eligible voters voting in the election.
Acts 1981, 67th Leg., p. 1477, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter F. Land-Use Regulation › Section 201.127. Frequency of Elections

Sec. 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, 67th Leg., p. 1477, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter F. Land-Use Regulation › Section 201.129. Board of Adjustment

Sec. 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 board of adjustment organized in accordance with this section.
(b)  A board of adjustment is composed of three members appointed by the state board with the advice and approval of the directors of the conservation district for which they are appointed.
(c)  Except as provided for the initial board, members of a board of adjustment serve for staggered terms of two years with the terms of one or two members expiring every other year.  In making initial appointments to a board of adjustment, the state board shall designate one or two members to serve a term of one year with the remaining member or members serving for a term of two years.
(d)  Following notice and a hearing, a member of a board of adjustment may be removed, but only for neglect of duty or malfeasance in office.  The state board and the directors of the conservation district for which the board is appointed shall conduct removal hearings jointly.
(e)  A vacancy on a board of adjustment is filled for the unexpired term in the manner provided for the original appointment.
(f)  A member of the state board or a director of the conservation district for which a board of adjustment is appointed is ineligible for appointment to the board of adjustment for that conservation district during the member's or director's tenure in office.
(g)  Members of a board of adjustment are entitled to compensation for services of $3 a day for time spent on work of the board.  The state board shall pay that compensation from appropriations made for that purpose for not more than 10 days each year.
(h)  The directors of the conservation district for which the board of adjustment is appointed shall pay the necessary administrative and other expenses of operation incurred by the board on presentation of a certificate of the chairman of the board of adjustment.
Acts 1981, 67th Leg., p. 1478, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter F. Land-Use Regulation › Section 201.130. Procedures of Board of Adjustment

Sec. 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 conservation district.
(b)  A board of adjustment shall designate a chairman from among its members and may change that designation from time to time.
(c)  A board of adjustment shall meet at the call of the chairman and at other times determined by the board.
(d)  The chairman of the board of adjustment, or the chairman's designee as acting chairman from among the board's members, may administer oaths and compel the attendance of witnesses.
(e)  All meetings of a board of adjustment are open to the public.
(f)  A board of adjustment shall keep a full and accurate record of all proceedings, of all documents filed with the board, and of all orders entered.  The record is public information and shall be filed in the office of the board of adjustment.
Acts 1981, 67th Leg., p. 1479, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter F. Land-Use Regulation › Section 201.131. Petition for Variance

Sec. 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 from the terms of land-use regulations in the application of those regulations to land owned or occupied by the petitioner.
(b)  A petition for a variance must allege that there are great practical difficulties or unnecessary hardships in the manner in which the land-use regulations require the petitioner to carry out the strict letter of those regulations.
(c)  A petitioner for a variance shall serve copies of the petition on the chairman of the directors of the conservation district in which the petitioner's land is located and on the chairman of the state board.
Acts 1981, 67th Leg., p. 1479, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter F. Land-Use Regulation › Section 201.132. Hearing on Variance Petition

Sec. 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.
(b)  The directors of the conservation district and the members of the state board are entitled to appear and be heard at a hearing on a petition for a variance.
(c)  Any owner or occupier of land within the conservation district who objects to the granting of the variance sought may intervene and become a party to the proceedings.
(d)  A party to a hearing on a petition for a variance may appear in person or by agent or attorney.
Acts 1981, 67th Leg., p. 1479, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter F. Land-Use Regulation › Section 201.133. Granting of Variance

Sec. 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 are great practical difficulties or unnecessary hardships in the manner of applying the strict letter of any land-use regulation on the land of the petitioner, the board shall record that determination and make and record findings of fact as to the specific conditions that establish the difficulties or hardships.
(b)  On the basis of the board's determinations and findings under Subsection (a) of this section, the board of adjustment by order may authorize a variance from the land-use regulations that will:
(1)  relieve the great practical difficulties or unnecessary hardships;
(2)  not be contrary to the public interest;
(3)  observe the spirit of the land-use regulations;
(4)  secure the public health, safety, and welfare;  and
(5)  do substantial justice.
Acts 1981, 67th Leg., p. 1480, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter G. Powers and Duties of Other Governmental Subdivisions › Section 201.152. Contracts for Flood Control and Drainage

Sec. 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 of rights-of-way or for joint construction or maintenance of dams, flood retention structures, canals, drains, levees, or other improvements for flood control and drainage related to flood control or for making the necessary outlets and maintaining them.  The contracts and agreements may contain terms, provisions, and details that the governing bodies of the respective political subdivisions determine to be necessary under the facts and circumstances.
(b)  A county, city, water control and improvement district, drainage district, or other political subdivision may contribute funds to a conservation district for the construction or maintenance of canals, dams, flood retention structures, drains, levees, and other improvements for flood control and drainage related to flood control or for making the necessary outlets and maintaining them.  The political subdivision may contribute the funds regardless of whether title to the property is vested in the State of Texas or a conservation district if the work to be accomplished is for the mutual benefit of the donor and the agency or political subdivision having title to the property on which the improvements are located.
(c)  A county, city, water control and improvement district, drainage district, or other political subdivision may contribute funds to a conservation district for a specific purpose authorized by this chapter or for use in the exercise of any power or duty conferred on a conservation district by this chapter that will benefit the contributing district or political subdivision.  All or part of any funds contributed by a county, city, water control and improvement district, drainage district, or other political subdivision to a conservation district may be used by the conservation district to match funds received from the state.
(d)  For the purposes of this section, a county may expend permanent improvement funds or flood control funds levied in accordance with Article VIII, Section 1-a, of the Texas Constitution and Chapter 464, Acts of the 51st Legislature, Regular Session, 1949 (Article 7048a, Vernon's Texas Civil Statutes).  A political subdivision other than a county may expend the appropriate funds of the subdivision for the purposes of this section.
Acts 1981, 67th Leg., p. 1480, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 198, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter H. Technical Assistance Program for Soil and Water Conservation Land Improvement Measures › Section 201.201. Creation of Program

Sec. 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 Board.
Added by Acts 1985, 69th Leg., ch. 133, Sec. 3.02, eff. Nov. 5, 1985.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter H. Technical Assistance Program for Soil and Water Conservation Land Improvement Measures › Section 201.202. Use of Funds

Sec. 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 and operators for soil and water conservation land improvement measures and soil and water conservation plans developed jointly by landowners and operators and local soil and water conservation districts.
(b)  The board shall designate priorities among the various land improvement measures, including:
(1)  brush control and other water supply enhancement activities;
(2)  forest improvement measures;
(3)  returning erosive cropland to pasture and other practices that maximize water conservation;
(4)  increasing water use efficiency;
(5)  increasing water quality;
(6)  reducing erosion; and
(7)  maximizing public benefits.
Added by Acts 1985, 69th Leg., ch. 133, Sec. 3.02, eff. Nov. 5, 1985.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 61 (H.B. 1808), Sec. 7, eff. September 1, 2011.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter H. Technical Assistance Program for Soil and Water Conservation Land Improvement Measures › Section 201.203. Designation of Local Districts

Sec. 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 and water conservation district is designated by the State Soil and Water Conservation Board, the district must provide evidence to the State Soil and Water Conservation Board that it is able to provide and to supervise necessary technical assistance to landowners and operators within its jurisdiction.
Added by Acts 1985, 69th Leg., ch. 133, Sec. 3.02, eff. Nov. 5, 1985.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter H. Technical Assistance Program for Soil and Water Conservation Land Improvement Measures › Section 201.204. Rules

Sec. 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. 3.02, eff. Nov. 5, 1985.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter I. Cost-Share Assistance Program for Soil and Water Conservation Land Improvement Measures › Section 201.301. Creation of Program

Sec. 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, Sec. 2, eff. April 29, 1993.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter I. Cost-Share Assistance Program for Soil and Water Conservation Land Improvement Measures › Section 201.302. Use of Funds

Sec. 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 the purpose of controlling erosion, conserving water, or protecting water quality.
(b)  The state board may employ and contract with and provide for the compensation of personnel and may take any other action necessary to implement this subchapter.
(c)  The state board may reimburse a conservation district for the reasonable costs the district incurs in administering this subchapter.
Added by Acts 1993, 73rd Leg., ch. 54, Sec. 2, eff. April 29, 1993.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter I. Cost-Share Assistance Program for Soil and Water Conservation Land Improvement Measures › Section 201.303. Allocation of Funds

Sec. 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 for each of the purposes provided by Section 201.302 of this code.
(b)  The state board may allocate funds among conservation districts to pay the state's share of the costs of installing eligible soil and water conservation land improvement measures on agricultural lands within the districts and may adjust allocations as needs change in order to achieve the most efficient use of funds.
(c)  A conservation district may submit a request for an allocation of cost-share assistance funds to the state board.  A request must be submitted in the manner provided by the state board.
(d)  The state board shall set priorities for allocation of cost-share assistance funds consistent with the purposes provided by Section 201.302 of this code.  The state board may consider local priorities and needs in establishing priorities.  The state board shall:
(1)  give greater weight among the priorities set under this subsection to allocation of funds to owners of land in the priority areas identified under Section 201.026(g);  and
(2)  keep records of financial incentive disbursements to owners of land in the priority areas identified under Section 201.026(g).
Added by Acts 1993, 73rd Leg., ch. 54, Sec. 2, eff. April 29, 1993.  Amended by Acts 2001, 77th Leg., ch. 1095, Sec. 14, eff. Sept. 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter I. Cost-Share Assistance Program for Soil and Water Conservation Land Improvement Measures › Section 201.304. Eligibility for Cost-Share Assistance

Sec. 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 of the conservation district providing cost-share assistance;
(2)  have a conservation plan approved by the conservation district covering the land for which a soil and water conservation land improvement measure is proposed;  and
(3)  include in the conservation plan practices for which cost-share assistance is proposed.
Added by Acts 1993, 73rd Leg., ch. 54, Sec. 2, eff. April 29, 1993.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter I. Cost-Share Assistance Program for Soil and Water Conservation Land Improvement Measures › Section 201.305. Eligible Soil and Water Conservation Land Improvement Measures

Sec. 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 purposes provided by Section 201.302 of this code.  The state board may consider local priorities and needs in determining eligible measures.
(b)  Each conservation district receiving an allocation of cost-share assistance funds shall designate the soil and water conservation land improvement measures that are eligible for cost-share assistance within its boundaries, subject to approval by the state board.
Added by Acts 1993, 73rd Leg., ch. 54, Sec. 2, eff. April 29, 1993.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter I. Cost-Share Assistance Program for Soil and Water Conservation Land Improvement Measures › Section 201.306. Application for Cost-Share Assistance

Sec. 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 by Acts 1993, 73rd Leg., ch. 54, Sec. 2, eff. April 29, 1993.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter I. Cost-Share Assistance Program for Soil and Water Conservation Land Improvement Measures › Section 201.307. Approval of Application

Sec. 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 provided by Section 201.302 of this code and the priorities established by the state board under Section 201.303 of this code.
(b)  A conservation district may not approve applications for cost-share assistance funds in excess of the funds allocated to the conservation district by the state board.
Added by Acts 1993, 73rd Leg., ch. 54, Sec. 2, eff. April 29, 1993.