reglab/statecodes huggingface dataset:
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter C. District Powers and Duties › Section 60.063. Notice to Purchasers

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 prospective purchaser prior to execution of a binding contract of sale and purchase either separately or as an addendum or paragraph of a purchase contract.  The purchaser shall sign the notice as evidence of receipt.
(b)  At the closing of the purchase and sale, a separate copy of the notice with current information about the district and its right to impose assessments on land within its boundaries, which conveys with the land, shall be executed by the seller and purchaser and recorded in the deed records of the county in which the property is located.
(c)  A purchaser or the purchaser's heirs, successors, or assigns may not maintain any action for damages or maintain any action against the seller, title insurance company, real estate brokers, or lienholder, or any agent, representative, or person acting in their behalf, by reason of the imposition of fees or assessments by the district authorized by this chapter.  Notice is not required to be given pursuant to this section unless a certified copy of the order creating the district has been recorded in the real property records in the county in which the land is located and such order contains the legal description of the district.  A purchaser, seller, lender, real estate broker, title insurance company, and title insurance agent may conclusively rely on the recorded certified copy of the order.
(d)  The board shall prescribe the form for notice under this section.
(e)  A seller is not required to give notice under this section if:
(1)  the seller is obligated under a written contract to furnish to the buyer a title insurance commitment before the contract closing;  and
(2)  the purchaser is entitled under the contract to terminate the contract because the property is located in a district.
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.  Amended by Acts 2003, 78th Leg., ch. 369, Sec. 6, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 746, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter C. District Powers and Duties › Section 60.0631. Filing Information

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 district;  and
(3)  a copy of the form for notice to purchasers required by Section 60.063.
(b)  The information form filed by a district under this section must include:
(1)  the name of the district;
(2)  a complete and accurate legal description of the boundaries of the district;
(3)  the most recent rate of any assessments in the district;
(4)  the total amount of any bonds that have been approved by the voters of the district, other than refunding bonds and any bonds or portion of bonds payable solely from revenues received under a contract with a governmental entity;
(5)  the date on which the election to confirm the creation of the district was held;  and
(6)  a statement of the functions performed by the district.
(c)  The information form and map or plat required by this section must be signed by a majority of the members of the board and by each board officer before it is filed with the department and each appropriate county clerk, and each amendment made to an information form, map, or plat must be signed by the members of the board and by each board officer.
(d)  The information form required by this section must be filed with each appropriate county clerk and the department not later than 48 hours after the district is approved by an election under Section 60.032 and the election results are certified.
(e)  Not later than the seventh day after the date of any change in any information contained in the district information form, map, or plat, the district shall file with the department and each appropriate county clerk an amendment to the information form, map, or plat that describes the change.
(f)  If a district is dissolved, annexed, or consolidated, the board shall file with the department and each appropriate county clerk a statement of the effective date of the dissolution, annexation, or consolidation.  A person who sells or conveys property within a dissolved district is not required to give notice under Section 60.063.
Added by Acts 2003, 78th Leg., ch. 746, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter C. District Powers and Duties › Section 60.064. Official Seal

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.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter C. District Powers and Duties › Section 60.065. Limit on District Powers

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.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter D. Board of Directors › Section 60.081. 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 decrease the number of directors on the board by resolution if the board finds that to do so is in the best interest of the district.
(b)  The directors serve terms as provided by the order issued under Section 60.030.
(c)  To serve as a director, a person must be at least 18 years old and:
(1)  reside in the district;  or
(2)  own real property in the district.
(d)  The board shall elect from among its members a president, vice president, and secretary.  The board by rule may provide for the election of other officers.
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter D. Board of Directors › Section 60.082. Vacancies

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.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter D. Board of Directors › Section 60.083. Board Meetings

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.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter D. Board of Directors › Section 60.084. Management of District

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, financial advisors, a general manager, operations personnel, auditors, and secretaries.
(b)  The board may require an officer or employee to execute a bond payable to the district and conditioned on the faithful performance of the person's duties.
(c)  The board may remove any district employee.
(d)  The board may adopt rules necessary or convenient to carry out district powers and duties to govern its affairs.
(e)  The board may adopt rules to preserve the public health and welfare concerning the agricultural products submitted to the district for harvesting, processing, distributing, or transporting.
(f)  The board may adopt rules on the priority of the use of district property and services, including the payment of fees.
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter D. Board of Directors › Section 60.085. Hearings

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, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter D. Board of Directors › Section 60.086. Compensation and Expenses

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.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter D. Board of Directors › Section 60.087. Director's Bond

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 the board.
(c)  The bond shall be filed with and retained by the district.
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter D. Board of Directors › Section 60.088. Conflicts of Interest; Affidavit of Interest

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 Government Code, does not apply to the district.  A director who has a substantial interest in a business or charitable entity that will receive a pecuniary benefit from a board action shall file a one-time affidavit declaring the interest.  An additional affidavit is not required if the director's interest changes.  After the affidavit is filed with the board secretary, the director may participate in a discussion or vote on that action if:
(1)  a majority of the directors have similar interests in the same entity;  or
(2)  all similar business or charitable entities in the district will receive a similar pecuniary benefit.
(c)  A director who is also an officer or employee of another public entity may not participate in the discussion of or vote on a matter regarding a contract with that other public entity.
(d)  For purposes of this section, a director has a substantial interest in a business or charitable entity in the same manner that a person would have a substantial interest in a business entity under Section 171.002, Local Government Code.
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter E. Finances; Bonds › Section 60.101. Miscellaneous Financial Powers and Duties

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;
(4)  loan money;
(5)  invest money under its control in an investment permitted by Chapter 2256, Government Code;
(6)  select a depositor;
(7)  establish a system of accounts for the district;  and
(8)  set the fiscal year for the district.
(b)  The board by rule shall establish the procedure and number of directors' signatures required to disburse or transfer district money.
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter E. Finances; Bonds › Section 60.102. Repayment of Organizational Expenses

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 reports, design fees, and other necessary costs;  and
(3)  legal fees.
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter E. Finances; Bonds › Section 60.103. Bonds

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 later issuance of a parity or subordinate lien bond.
(c)  A district bond must:
(1)  mature not later than 40 years after its date of issuance;  and
(2)  state on its face that the bond is not an obligation of the state.
(d)  A district bond may be payable from or secured by:
(1)  any source of money, including district revenue, loans, or assessments;  or
(2)  a lien, pledge, mortgage, or other security interest on district revenue or property.
(e)  The district may use bond proceeds for any purpose, including to pay:
(1)  into a reserve fund for debt service;
(2)  for the acquisition, design, construction, repair, maintenance, or replacement of property, including buildings and equipment;
(3)  administrative and operating expenses;
(4)  all expenses incurred or that will be incurred in the issuance, sale, and delivery of the bonds;
(5)  the principal of and interest on bonds;  or
(6)  for the operation of an agricultural enterprise.
(f)  The district may contract with a bondholder to impose an assessment to pay for the operation of an agricultural enterprise.
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter E. Finances; Bonds › Section 60.104. Approval of Assessment Bonds

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. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter E. Finances; Bonds › Section 60.105. Agricultural Finance Authority Bonds

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 or may be loans, loan guaranties, insurance, or any other benefit offered by the authority for the purposes of expansion, development, and diversification of production, processing, marketing, and export of Texas agricultural products.
(b)  A district's proposal under this section is subject to Chapter 58.  If a district project involves a value-added agricultural operation, it shall receive preference as provided by Section 58.0211(b).
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter E. Finances; Bonds › Section 60.106. Tax Increment Financing

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 including property located in the district and enter into a contract with the directors of the district on terms mutually acceptable to the two entities to allow the district to use tax increment financing as provided by Chapter 311, Tax Code.
(c)  Property within the corporate limits of a municipality is not eligible for tax increment financing under this section.
(d)  Before using tax increment financing, a district must:
(1)  obtain the approval of the county commissioners court that issued the district's creation order;  and
(2)  comply with Section 311.003, Tax Code, as that section applies to a municipality.
(e)  For the purpose of tax increment financing under this section, the district board of directors is the board of directors of the reinvestment zone.  Section 311.009, Tax Code, does not apply to this chapter.
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter F. Assessments › Section 60.121. General Powers

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 otherwise used for a purpose other than the purpose for which the assessment is imposed, except as provided by Subsection (c).
(c)  The board shall establish a procedure for the distribution or use of money derived from an assessment that exceeds the amount of money necessary to accomplish the purpose for which the assessment was collected.
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter F. Assessments › Section 60.122. Limits on Assessments

Sec. 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 assessment.
(b)  The owner of an improvement constructed in the district may waive the right to notice and an assessment hearing and may agree to the imposition of the assessment on the improvement or land and payment of the assessment at an agreed rate.
(c)  The district may not impose an assessment on property owned by a utility.  For purposes of this subsection, "utility" means a person that provides to the public gas, electricity, telephone, wastewater, or water service.
(d)  A district assessment on real property runs with the land and successor landowners are bound to pay district assessments as they are imposed on the land within the district, providing that notice to purchasers was provided to a successor landowner under Section 60.063.
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter F. Assessments › Section 60.123. Hearing and Petition Required

Sec. 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 the specific purpose of the assessment;  and
(C)  is signed by each owner of the real property to be assessed or, for an assessment on an agricultural product, by each owner of real property on which the agricultural product subject to the assessment may be produced;
(2)  two-thirds of the members of the board vote to impose the assessment;
(3)  the board provides notice of a hearing on the proposal under Section 60.129;  and
(4)  the board holds a hearing on the advisability of the assessment under Section 60.130.
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter F. Assessments › Section 60.124. Apportionment of Cost

Sec. 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 or service to be financed by the assessment.  The cost may be assessed on real property or on an agricultural product produced on real property, as appropriate:
(1)  equally by front foot or by square foot of the land area of the real property;
(2)  equally by acreage of the real property;
(3)  according to the value of the real property or agricultural product as determined by the board, which may consider the value of a structure or improvement on real property;
(4)  based upon the productivity of land subject to the assessment or on which the agricultural product subject to the assessment is produced;
(5)  in proportion to the value of the agricultural product produced on the real property for the year preceding the year of the assessment;  or
(6)  according to any other reasonable assessment plan that imposes a fair share of the cost on property or agricultural products similarly benefited.
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter F. Assessments › Section 60.125. Assessment to Finance a Project or Service

Sec. 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 of land or against the agricultural product against which an assessment may be imposed in the district.  The board may impose an annual assessment for a service.  The amount of an annual assessment may vary from year to year, but may not exceed the amount necessary to pay the costs and debts of a project to be financed by the assessment.
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter F. Assessments › Section 60.126. Assessment Roll

Sec. 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 and the board's basis for the assessment.
(b)  The board shall allow the public to inspect the assessment roll.
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter F. Assessments › Section 60.127. Interest on Assessments; Lien

Sec. 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, and reasonable attorney's fees incurred by the district in collecting an assessment are:
(1)  a first and prior lien against the property or agricultural product assessed;
(2)  superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes;  and
(3)  the personal liability of and charge against the owners of the property or the agricultural product when the assessment was made, even if the owners are not named in an assessment proceeding.
(b)  The lien is effective from the date of the order imposing the assessment until the assessment and any related penalties, interest, collection expenses, or attorney's fees are paid.
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter F. Assessments › Section 60.128. Mistakes

Sec. 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:
(1)  relating to the total cost of the assessment;  or
(2)  covering a delinquency or collection costs.
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter F. Assessments › Section 60.129. Notice of Hearing

Sec. 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 the district.  The publication must be made not later than the 14th day before the date of the hearing.
(b)  The notice must include the:
(1)  time and place of the hearing;
(2)  purpose of the proposed assessment;
(3)  estimated cost of the purpose for which the assessment is proposed, including interest during construction and associated financing costs;  and
(4)  proposed assessment method.
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter F. Assessments › Section 60.130. Conduct of Hearing

Sec. 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 file with the board a report on the examiner's findings under Subsection (d).
(c)  The board or hearings examiner shall hear and rule on all objections to a proposed assessment raised at the hearing by an owner of real property that would be subject to the assessment or on which agricultural products subject to the assessment are produced.
(d)  The board or hearings examiner shall make findings relating to the:
(1)  advisability of the assessment, including the purpose of the assessment;
(2)  estimated cost of the assessment;
(3)  area benefited by the assessment;
(4)  method of assessment;  and
(5)  method and time for payment of the assessment.
(e)  After receiving or issuing the findings required by Subsection (d), the board by order:
(1)  shall:
(A)  impose the assessment as a special assessment on the property or on the agricultural products;  and
(B)  specify the method of payment on the assessment;  and
(2)  may:
(A)  amend a proposed assessment;
(B)  require an assessment to be paid in periodic installments, including interest;
(C)  require an interest charge or penalty for a failure to make timely payment;  or
(D)  charge an amount to cover a delinquency or collection expense.
(f)  If the board orders that an assessment may be paid in periodic installments, the installments must:
(1)  be in amounts sufficient to meet the annual costs of the project or service for which the assessment is imposed;  and
(2)  continue for the number of years required to retire the indebtedness or pay for the project or service for which the assessment is imposed.
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter F. Assessments › Section 60.131. Rehearing

Sec. 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 the date the assessment order is issued, the board may hold an additional hearing to consider the assessment order.
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter F. Assessments › Section 60.132. Filing of Notice of Assessment

Sec. 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 in the deed records of the county in which the real property to be assessed, or on which the agricultural product to be assessed is produced, is located.  The notice must:
(1)  provide a description of the real property or the agricultural products that are subject to the assessment;
(2)  state the name of the owner of the real property or the agricultural products subject to the assessment;  and
(3)  describe how to contact the district for further information about the assessment.
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter F. Assessments › Section 60.133. Appeal of Individual Assessment

Sec. 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 district court in the county in which the real property assessed, or on which the agricultural product is produced, is located.
(b)  The owner must file the notice of appeal with the court not later than the 30th day after the person receives a bill or other notice of the assessment.
(c)  The court shall review the appeal by trial de novo.
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter F. Assessments › Section 60.134. Assessment After Appeal

Sec. 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, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter G. Dissolution › Section 60.151. Dissolution

Sec. 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 Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter G. Dissolution › Section 60.152. Disposition of Property of Dissolved District

Sec. 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 renders the agricultural facility or other property ineligible to issue tax-exempt securities, to impose assessments, or to be eligible for tax-exempt status.
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 61 - Inspection, Labeling, and Sale of Agricultural and Vegetable Seed › Section 61.001. Definitions

Sec. 61.001.  DEFINITIONS.  In this chapter:
(1)  "Agricultural seed" includes the seed of any grass, forage, cereal, or fiber crop, any other kind of seed commonly recognized in this state as agricultural or field seed, and any mixture of those seeds.
(2)  "Vegetable seed" includes the seed of any crop that is grown in a garden or on a truck farm and is generally known and sold in this state under the name of vegetable seed.
(3)  "Advertisement" means a representation, other than that on a label, disseminated in any manner or by any means and relating to seed within the scope of this chapter.
(4)  "Labeling" includes any written, printed, or graphic representation in any form, including a label or an invoice, accompanying and pertaining to seed in bulk or containers.
Acts 1981, 67th Leg., p. 1126, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 61 - Inspection, Labeling, and Sale of Agricultural and Vegetable Seed › Section 61.002. Administration; Rules

Sec. 61.002.  ADMINISTRATION;  RULES.  (a)  The department shall administer and enforce this chapter and may employ qualified persons and incur expenses as necessary in performing those duties.  The number of persons employed shall be set in the General Appropriations Act.
(b)  The department may adopt rules as necessary for the efficient enforcement of this chapter.  Before adopting rules under this chapter, the department shall conduct a public hearing on the proposed rule or amendment.
(c)  The department may establish and maintain or provide for seed testing facilities as necessary to administer this chapter.
(d)  Repealed by Acts 1993, 73rd Leg., ch. 978, Sec. 3, eff. Aug. 30, 1993.
(e)  The department may cooperate with the United States Department of Agriculture in the enforcement of seed law.
Acts 1981, 67th Leg., p. 1127, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1993, 73rd Leg., ch. 978, Sec. 1, 3, eff. Aug. 30, 1993.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 61 - Inspection, Labeling, and Sale of Agricultural and Vegetable Seed › Section 61.003. Classification of Seeds

Sec. 61.003.  CLASSIFICATION OF SEEDS.  The department by rule may classify and define types, kinds, classes, genera, species, subspecies, hybrids, and varieties of agricultural, vegetable, and weed seeds for the purposes of this chapter.
Acts 1981, 67th Leg., p. 1127, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 61 - Inspection, Labeling, and Sale of Agricultural and Vegetable Seed › Section 61.005. Labeling of Vegetable Seed

Sec. 61.005.  LABELING OF VEGETABLE SEED.  (a)  Each container of vegetable seed that is sold or offered or exposed for sale in this state shall bear or have attached in a conspicuous place a plainly written or printed label in English that provides the information relating to the contents of the container required by this section.
(b)  If the container weighs one pound or more, the label shall show:
(1)  the name of each kind and variety of vegetable seed component present in excess of five percent of the whole and the percentage by weight of each in order of predominance;
(2)  the kind and variety of seed;
(3)  the lot number or other lot identification;
(4)  the germination and the date of the test to determine germination;
(5)  the name and number of noxious weed seeds per pound;  and
(6)  the name and address of the person who labeled the seed.
(c)  If the container weighs less than one pound, the label shall show:
(1)  the kind and variety of seed;
(2)  the calendar month and year of the germination test or the year for which the seed was packaged;
(3)  if the percentage of germination is less than the standard prescribed by rule:
(A)  the percentage of germination, exclusive of hard seed;
(B)  the percentage of hard seed;  and
(C)  the words "Below Standard" printed in a size not smaller than eight-point type;  and
(4)  the name and address of the person who labeled the seed.
(d)  The labeling requirements of this section are met if the seed is weighed from a properly labeled container in the presence of the purchaser.
(e)  The department by rule may provide that a label show an expiration date in lieu of:
(1)  the calendar month and year of a germination test;  or
(2)  the year for which the seed was packaged.
Acts 1981, 67th Leg., p. 1128, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 151, Sec. 2, eff. May 24, 1985.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 61 - Inspection, Labeling, and Sale of Agricultural and Vegetable Seed › Section 61.006. Labeling of Treated Seed

Sec. 61.006.  LABELING OF TREATED SEED.  (a)  Seed that has been subjected to a treatment, or to which a substance has been applied, for the purpose of reducing, controlling, or repelling disease organisms, insects, or other pests that attack seeds or seedlings shall be labeled in accordance with rules of the department.
(b)  The public hearing required by Section 61.002 of this code for rulemaking under this section shall be conducted in Austin.
Acts 1981, 67th Leg., p. 1128, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 61 - Inspection, Labeling, and Sale of Agricultural and Vegetable Seed › Section 61.007. Certified Seed

Sec. 61.007.  CERTIFIED SEED.  (a)  A person may not sell or offer, expose, or transport for sale agricultural or vegetable seed that is represented by labeling or an advertisement to be certified seed unless:
(1)  a seed certifying agency has determined that the seed conforms to standards of purity and identity as to kind, species, subspecies, or variety in accordance with the rules of the certifying agency;  and
(2)  the seed bears an official label issued by a seed certifying agency certifying that the seed is of a specific class, kind, species, subspecies, or variety.
(b)  A person may not sell or offer, expose, or transport for sale seed labeled by variety name but not certified by an official seed certifying agency if it is a variety required by federal law to be sold only as a class of certified seed, except that seed from a certified lot may be labeled by variety name if used in a mixture by, or with the approval of, the owner of the variety.
Acts 1981, 67th Leg., p. 1129, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 61 - Inspection, Labeling, and Sale of Agricultural and Vegetable Seed › Section 61.008. Noxious Weed Content

Sec. 61.008.  NOXIOUS WEED CONTENT.  The department by rule may classify noxious weeds and establish the rate allowed or prohibit the inclusion of a noxious weed in a container of agricultural or vegetable seed.
Acts 1981, 67th Leg., p. 1129, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 61 - Inspection, Labeling, and Sale of Agricultural and Vegetable Seed › Section 61.009. Germination and Purity Testing

Sec. 61.009.  GERMINATION AND PURITY TESTING.  (a)  All agricultural or vegetable seed sold or offered, exposed, or transported for sale in this state shall be tested to determine the percentage of germination.
(b)  Except as otherwise provided by this subsection, the germination test shall be performed within nine months, not including the calendar month in which the test was completed, immediately prior to being sold or offered, exposed, or transported for sale.  The department by rule may designate a period of time longer than nine months if the department finds that the seed is packaged in a container or under conditions that will maintain the viability of the seed under ordinary conditions of handling during the longer period of time.
(c)  At the request of a farmer or dealer, the department may conduct or provide for the testing of seed for purity and germination.  The department may fix by rule and collect fees for tests made under this subsection.
Acts 1981, 67th Leg., p. 1129, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 61 - Inspection, Labeling, and Sale of Agricultural and Vegetable Seed › Section 61.010. Inspection of Seed

Sec. 61.010.  INSPECTION OF SEED.  (a)  At the time, place, and to the extent the department considers necessary, the department shall sample, inspect, analyze, and test agricultural and vegetable seed transported, sold, or offered or exposed for sale in this state for sowing purposes in order to determine if the seed is in compliance with this chapter.  The department shall promptly notify of any violation the person who transported, sold, or offered or exposed the seed for sale.
(b)  The department shall adopt rules governing the methods of sampling, inspection, analysis, and testing and the tolerances to be allowed in the administration of this chapter.  The rules adopted shall be in general accord with officially prescribed practice in interstate commerce.
(c)  In order to gain access to seed or to records from authorized personnel, the department is entitled to enter any public or private premises during regular business hours or any land, water, or air conveyance at any time when the conveyance is accessible.
Acts 1981, 67th Leg., p. 1129, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 61 - Inspection, Labeling, and Sale of Agricultural and Vegetable Seed › Section 61.012. Cancellation or Revocation of Agricultural Seed Permit

Sec. 61.012.  CANCELLATION OR REVOCATION OF AGRICULTURAL SEED PERMIT.  (a)  The department may cancel an agricultural seed permit issued under Section 61.011(c) of this code if the permittee fails to observe the rules adopted, to file a report required, or to pay a fee required under that section.
(b)  The department shall revoke the permit of any person who fails either to maintain records in this state or to pay for an out-of-state audit under Section 61.011(e) of this code.
Acts 1981, 67th Leg., p. 1131, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 61 - Inspection, Labeling, and Sale of Agricultural and Vegetable Seed › Section 61.013. Vegetable Seed License

Sec. 61.013.  VEGETABLE SEED LICENSE.  (a)  A person may not sell or offer, expose, or otherwise distribute for sale vegetable seed for planting purposes in this state unless the person possesses a valid vegetable seed license issued under this section.
(b)  The department may fix by rule and collect a fee for the issuance of a vegetable seed license.
(c)  An applicant for a vegetable seed license shall apply for the license on forms prescribed by the department.
(d)  A vegetable seed license expires on the first anniversary of the date on which it was issued or renewed.
(e)  A person who sells or offers, exposes, or otherwise distributes for sale vegetable seed in containers bearing the name and address of a licensee under this section is not required to be licensed under this section.
Acts 1981, 67th Leg., p. 1131, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2005, 79th Leg., Ch. 44 (H.B. 901), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 61 - Inspection, Labeling, and Sale of Agricultural and Vegetable Seed › Section 61.0135. Revocation, Modification, or Suspension of License

Sec. 61.0135.  REVOCATION, MODIFICATION, OR SUSPENSION OF LICENSE.  (a)  The department shall revoke, modify, or suspend a license, assess an administrative penalty, place on probation a person whose license has been suspended, or reprimand a licensee for a violation of this chapter or a rule adopted by the department under this chapter.
(b)  If a license suspension is probated, the department may require the person to:
(1)  report regularly to the department on matters that are the basis of the probation;
(2)  limit practice to the areas prescribed by the department;  or
(3)  continue or renew professional education until the person attains a degree of skill satisfactory to the department in those areas that are the basis of the probation.
(c)  If the department proposes to revoke, modify, or suspend a person's license, the person is entitled to a hearing conducted under Section 12.032.  The decision of the department is appealable in the same manner as provided for contested cases under Chapter 2001, Government Code.
Added by Acts 1989, 71st Leg., ch. 230, Sec. 38, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 419, Sec. 3.08, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 61 - Inspection, Labeling, and Sale of Agricultural and Vegetable Seed › Section 61.014. Stop-Sale Order

Sec. 61.014.  STOP-SALE ORDER.  (a)  If the department has reason to believe that agricultural or vegetable seed is in violation of any provision of this chapter, the department may issue and enforce a written or printed order to stop the sale of the seed.  The department shall present the order to the owner or custodian of the lot of seed.  The person who receives the order may not sell the seed until the seed is discharged by a court under Subsection (b) of this section or until the department finds that the seed is in compliance with this chapter.
(b)  The owner or custodian of seed prohibited from sale by an order of the department is entitled to sue in a court of competent jurisdiction where the seed is found for a judgment as to the justification of the order and for the discharge of the seed in accordance with the findings of the court.
(c)  This section does not limit the right of the department to proceed as authorized by another section of this chapter.
Acts 1981, 67th Leg., p. 1131, ch. 388, Sec. 1, eff. Sept. 1, 1981.