reglab/statecodes huggingface dataset:
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 59 - Farm and Ranch Finance Program › Subchapter B. Bonds › Section 59.015. Use of Fund to Pay Costs of Issuance and Debt Service

Sec. 59.015.  USE OF FUND TO PAY COSTS OF ISSUANCE AND DEBT SERVICE.  (a)  The board may use money in the fund attributable to the issuance and sale of bonds to pay:
(1)  legal fees and fees for financial advice the board finds necessary for the sale of bonds;
(2)  the expense of publishing notice of sale of an installment of bonds;
(3)  the expense of printing the bonds;
(4)  the expense of issuing the bonds, including the actual costs of travel, lodging, and meals of officers, members, or employees of the board, directors or employees of the authority, the comptroller, or the attorney general that the board finds necessary to implement the issuance, rating, or delivery of the bonds;
(5)  the cost of manually signing the bonds;
(6)  remuneration to any agent employed by the board to pay the principal of and interest on the bonds;
(7)  any amount required to be paid to maintain the federal tax exemption of interest on the bonds;  or
(8)  any other cost, fee, or expense relating to the issuance of the bonds.
(b)  If, during the existence of the fund or during the period any bonds are payable from the fund, the board determines that there will not be sufficient money in the fund during the following fiscal year to pay the principal of or interest on the bonds that is to come due during the following fiscal year, the comptroller shall transfer to the fund from the first money coming into the state treasury not otherwise appropriated by the constitution an amount sufficient to pay the obligations.
(c)  The money transferred to the fund under Subsection (b) of this section shall be used to pay the obligations only if at the time the principal or interest becomes due there is not sufficient money in the fund to pay the amount due.
Added by Acts 1993, 73rd Leg., ch. 542, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1014, Sec. 9, eff. Jan. 1, 1996;  Acts 1997, 75th Leg., ch. 1423, Sec. 2.08, eff. Sept. 1, 1997.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 59 - Farm and Ranch Finance Program › Subchapter B. Bonds › Section 59.016. Investments

Text of section as amended by Acts 1995, 74th Leg., ch. 1014, Sec. 10
Sec. 59.016.  INVESTMENTS.  The board shall invest funds as provided under Section 58.022.
Added by Acts 1993, 73rd Leg., ch. 542, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1014, Sec. 10, eff. Jan. 1, 1996.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 59 - Farm and Ranch Finance Program › Subchapter C. Administration › Section 59.021. Fund

Sec. 59.021.  FUND.  (a)  The farm and ranch finance program fund is a fund in the state treasury.
(b)  At the direction of the board, money received from the state or federal government or from any other person, in addition to proceeds from bonds issued under this chapter, may be deposited to the credit of the fund.
(c)  The board may provide for establishing and maintaining separate accounts in the fund, including program accounts, an interest and sinking account, a reserve account, and any other accounts provided for by resolution of the board.
(d)  Money received as repayment of financial assistance shall be deposited first in the interest and sinking account as provided by resolution of the board authorizing its bonds until that account is fully funded as provided by resolution of the board.
(e)  The fund and each account in the fund shall be kept and maintained at the direction of the board and held in trust by the comptroller for and on behalf of the board and the owners of the bonds issued under this chapter.
(f)  The fund may be used only as provided by this chapter.
(g)  Pending its use, money in the fund shall be invested as provided by the resolution authorizing issuance of the bonds.
(h)  The board may receive, and shall deposit in the fund, appropriations, grants, donations, earned federal funds, and the proceeds of any investment pools operated by the comptroller.
Text of subsec. (i) as added by Acts 1995, 74th Leg., ch. 858, Sec. 2
(i)  In addition to other uses provided by this chapter, the authority may use money in the fund to pay costs and expenses of administering the program.
Text of subsec. (i) as added by Acts 1995, 74th Leg., ch. 1014, Sec. 11
(i)  The board may use money in the fund to pay the costs and expenses of administering the program.
Added by Acts 1993, 73rd Leg., ch. 542, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 858, Sec. 2, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 1014, Sec. 11, eff. Jan. 1, 1996;  Acts 1997, 75th Leg., ch. 1423, Sec. 2.10, eff. Sept. 1, 1997.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 59 - Farm and Ranch Finance Program › Subchapter C. Administration › Section 59.022. Rules

Sec. 59.022.  RULES.  (a)  The board shall adopt rules governing application for financial assistance under this chapter.  The board may adopt rules it considers necessary to administer the program or considers in the best interest of the program.  The board may adopt rules concerning the sale of land acquired by the board under this chapter by default, foreclosure, forfeiture, or any other means.  The board shall adopt collateral or security requirements to ensure the full repayment of financial assistance granted under this chapter.  The board may approve any extension of financial assistance under this chapter or may delegate that approval authority to the commissioner.
(b)  The board may adopt rules it considers necessary to administer the fund or considers in the best interest of the fund, including rules on the investment of the fund.
(c)  The board may set and collect fees the board considers reasonable and necessary to cover the expenses of administering the program or considers in the best interest of the program.  Those fees shall be deposited in the state treasury to the credit of the farm and ranch finance program fund.  An applicant for financial assistance participating in the program shall pay the costs of applying for, participating in, and administering and servicing the program, in amounts the board considers reasonable and necessary.  Any cost not paid by an applicant shall be paid from the fund.
(d)  The board shall adopt rules governing loan guarantees provided to lenders by the board in an amount necessary for the lender to have a performing loan.
Added by Acts 1993, 73rd Leg., ch. 542, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 858, Sec. 3, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 1014, Sec. 12, eff. Jan. 1, 1996;  Acts 2001, 77th Leg., ch. 26, Sec. 11, eff. May 2, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 59 - Farm and Ranch Finance Program › Subchapter C. Administration › Section 59.023. Powers of Board

Sec. 59.023.  POWERS OF BOARD.  The board has the power necessary to accomplish the purposes and carry out the programs provided by this chapter, including the power:
(1)  to adopt and enforce bylaws, rules, and procedures necessary to carry out this chapter;
(2)  to establish, charge, and collect a fee, charge, or penalty in connection with a program, service, or activity provided by the board under this chapter;
(3)  to issue bonds, provide for and secure the payment of the bonds, and provide for the rights of the owners of the bonds, in the manner and to the extent permitted by this chapter;
(4)  to purchase, hold, cancel, or resell or otherwise dispose of its bonds, subject to any restrictions and any resolution authorizing the issuance of its bonds;
(5)  to own, rent, lease, or otherwise acquire, accept, or hold any interest in real, personal, or mixed property, by purchase, exchange, gift, assignment, transfer, foreclosure, mortgage, sale, lease, or otherwise;
(6)  to hold, manage, operate, or improve real, personal, or mixed property;
(7)  to sell, lease, encumber, mortgage, exchange, donate, convey, or otherwise dispose of any of its property or any interest in its property, deed of trust, or mortgage lien owned by it, under its control or custody, or in its possession and to release or relinquish any right, title, claim, lien, interest, easement, or demand, including any equity or right of redemption in property foreclosed by it, by public or private sale, with or without public bidding;
(8)  to lease or rent any improvement, land, or facility from any person;
(9)  to make a secured or unsecured loan to provide financial assistance as provided by this chapter, including the refunding of an outstanding obligation, mortgage, or advance used for those purposes, and to charge and collect interest on those loans for loan payments and on terms and conditions the board considers advisable that are not in conflict with this chapter;
(10)  to purchase or acquire, sell, discount, assign, negotiate, or otherwise dispose of notes or other evidence of indebtedness of eligible applicants as the board determines or portions or portfolios of or participations in those evidences of indebtedness;
(11)  to sell and guarantee securities, whether taxable or tax exempt under federal law, in primary and secondary markets;  and
(12)  to provide to a lender a loan guarantee for the purchase of real property by an eligible applicant under Section 59.024.
Added by Acts 1993, 73rd Leg., ch. 542, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1014, Sec. 13, eff. Jan. 1, 1996;  Acts 2001, 77th Leg., ch. 26, Sec. 12, eff. May 2, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 59 - Farm and Ranch Finance Program › Subchapter C. Administration › Section 59.024. Application; Eligibility

Sec. 59.024.  APPLICATION;  ELIGIBILITY.  (a)  To borrow money from the fund, a person must submit an application to the authority that contains an acceptable agricultural business plan for the land proposed to be purchased that assures the authority the applicant intends to use the land for the primary purpose of farming or ranching.
(b)  To be eligible to borrow money from the fund, a person, at the time of application, must:
(1)  provide evidence to the authority that demonstrates that the person has at least three years of experience relevant to the person's agricultural business plan for the land proposed to be purchased;  and
(2)  have a net worth of less than $400,000.
Added by Acts 1993, 73rd Leg., ch. 542, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 858, Sec. 4, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 473, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 59 - Farm and Ranch Finance Program › Subchapter C. Administration › Section 59.025. Maximum Amount of Loan or Guarantee

Sec. 59.025.  MAXIMUM AMOUNT OF LOAN OR GUARANTEE.  (a)  A loan under this chapter may not exceed the lesser of:
(1)  $250,000;  or
(2)  an amount equal to 95 percent of the lesser of the purchase price of the land or the land's appraised value under Section 59.028.
(b)  The board may provide a guarantee of not more than 90 percent of a loan approved under this section.
Added by Acts 1993, 73rd Leg., ch. 542, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 858, Sec. 5, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 1014, Sec. 14, eff. Jan. 1, 1996;  Acts 1997, 75th Leg., ch. 473, Sec. 2, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 26, Sec. 13, eff. May 2, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 59 - Farm and Ranch Finance Program › Subchapter C. Administration › Section 59.026. Transfer of Borrower's Interest

Sec. 59.026.  TRANSFER OF BORROWER'S INTEREST.  (a)  The contract for a loan under this chapter must provide that transfer of ownership of the land without the board's express written permission before the entire principal and interest due have been paid constitutes default under the contract.
(b)  If the borrower dies or becomes financially incapacitated or if the borrower's interest in land is involuntarily transferred by court order or other proceedings, including bankruptcy, sheriff or trustee sale, or divorce, the land may be conveyed by the borrower or the borrower's heirs, administrators, executors, or successors in interest by complying with the rules adopted by the board and obtaining the board's written permission.
Added by Acts 1993, 73rd Leg., ch. 542, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1014, Sec. 15, eff. Jan. 1, 1996.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 59 - Farm and Ranch Finance Program › Subchapter C. Administration › Section 59.027. Changes in Use

Sec. 59.027.  CHANGES IN USE.  (a)  Before a borrower may use land acquired with financial assistance under this chapter for a primary purpose other than farming or ranching, the borrower must submit to the board an application for approval of the change of use.
(b)  As soon as practicable after an application for a change of use is received, the board shall approve or deny the application and shall notify the borrower of the board's decision.
(c)  The loan contract must provide that using land acquired under this chapter for a purpose other than farming or ranching without the approval of the board constitutes default under the contract.
Added by Acts 1993, 73rd Leg., ch. 542, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1014, Sec. 16, eff. Jan. 1, 1996.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 59 - Farm and Ranch Finance Program › Subchapter C. Administration › Section 59.028. Appraisal

Sec. 59.028.  APPRAISAL.  (a)  Before the board may loan money for the purchase of land under this chapter, the board must have an appraisal of the property made to determine its value.
(b)  An appraiser representing the board must be qualified to give competent appraisals of land.  The board may use appraisers employed by the board.
Added by Acts 1993, 73rd Leg., ch. 542, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1014, Sec. 17, eff. Jan. 1, 1996.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 59 - Farm and Ranch Finance Program › Subchapter C. Administration › Section 59.029. Payments to Board Under Certain Leases

Sec. 59.029.  PAYMENTS TO BOARD UNDER CERTAIN LEASES.  If, during a period a person is indebted to the board for land purchased with financial assistance under this chapter, the person executes or there exists a lease or contract of sale of oil, gas, or other minerals, chemicals, hard metals, timber, sand, gravel, or other material that covers the land purchased from the board that would result in the depletion of the corpus of the land, not less than one-half of all bonus money, delay rentals, or royalties received as consideration for or payment under the oil, gas, or mineral lease and not less than one-half of all money received under a lease or contract of sale of other minerals, chemicals, hard metals, timber, sand, gravel, or other material shall be paid to the board by the lessee under the lease or the buyer under the contract of sale.  The board shall apply those payments to the satisfaction of the indebtedness.
Added by Acts 1993, 73rd Leg., ch. 542, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1014, Sec. 18, eff. Jan. 1, 1996.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 59 - Farm and Ranch Finance Program › Subchapter C. Administration › Section 59.030. Term of Leases

Sec. 59.030.  TERM OF LEASES.  (a)  A purchaser may not lease land purchased with financial assistance under this chapter for a term longer than 10 years, except:
(1)  a lease for oil, gas, or other minerals may be for a term of not longer than 10 years, and as long thereafter as oil, gas, or other minerals are produced from the land in commercial quantities;  and
(2)  a lease for coal and lignite may be for a term of not longer than 40 years, and as long thereafter as coal and lignite are produced from the land in commercial quantities.
(b)  A lease or a separate instrument to take effect in the future may not contain a provision for option or renewal of the lease or re-lease of the property for any term that would result in a fixed term of the lease that exceeds the maximum fixed term authorized under Subsection (a) of this section.  A lease or instrument that contains an option renewal or re-lease agreement in violation of this section is void.
Added by Acts 1993, 73rd Leg., ch. 542, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 59 - Farm and Ranch Finance Program › Subchapter C. Administration › Section 59.031. Death of a Borrower

Sec. 59.031.  DEATH OF A BORROWER.  (a)  If a borrower receiving financial assistance under this chapter dies while indebted to the state under a contract, the borrower's rights under this chapter and the contract devolve on the borrower's heirs, devisees, or personal representatives under the laws of this state, subject to all rights, claims, and charges of the board.
(b)  Default by an heir, devisee, or personal representative with respect to a right, claim, or charge of the board has the same effect as default by the borrower before the borrower's death.
Added by Acts 1993, 73rd Leg., ch. 542, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1014, Sec. 19, eff. Jan. 1, 1996.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 59 - Farm and Ranch Finance Program › Subchapter C. Administration › Section 59.032. Unencumbered Title

Sec. 59.032.  UNENCUMBERED TITLE.  The board may establish a procedure by which a borrower acquiring land with a loan under this chapter may obtain title to a portion of the tract clear of encumbrances.
Added by Acts 1993, 73rd Leg., ch. 542, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1014, Sec. 20, eff. Jan. 1, 1996.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 59 - Farm and Ranch Finance Program › Subchapter D. Offenses; Penalties › Section 59.046. False or Fictitious Written Statement

Sec. 59.046.  FALSE OR FICTITIOUS WRITTEN STATEMENT.  (a)  A person commits an offense if the person knowingly or intentionally makes, publishes, passes, files, or uses any false, fictitious, or forged paper, document, contract, affidavit, application, assignment, or other written instrument relating to the procurement of financial assistance under this chapter or to the purchase, sale, or resale of land under this chapter or in connection with any transaction under this chapter.
(b)  An offense under this section is a felony of the third degree.
Added by Acts 1993, 73rd Leg., ch. 542, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 59 - Farm and Ranch Finance Program › Subchapter D. Offenses; Penalties › Section 59.047. Fraud

Sec. 59.047.  FRAUD.  (a)  A person commits an offense if the person defrauds a person of rights or benefits under this chapter or uses this chapter to defraud the state by an act of fraud, duress, deceit, coercion, or misrepresentation.
(b)  An offense under this section is a felony of the third degree.
Added by Acts 1993, 73rd Leg., ch. 542, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter A. General Provisions › Section 60.001. Short Title

Sec. 60.001.  SHORT TITLE.  This chapter may be cited as the Agricultural Development District Act.
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 A. General Provisions › Section 60.002. Legislative Intent

Sec. 60.002.  LEGISLATIVE INTENT.  This chapter furthers the public purpose of improving the economy of this state by providing incentives for the development of agricultural operations and facilities.
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 A. General Provisions › Section 60.003. Findings

Sec. 60.003.  FINDINGS.  (a)  Agriculture is a critical element in Texas' economic, cultural, and historical development but is under considerable pressure as a result of market concentration, competitive forces, adverse weather conditions, urbanization, and other factors.
(b)  Agriculture is a vital component of a diversified state economy, creates numerous economic opportunities, and serves to renew the state's natural resources through the annual production of crops and livestock and the use and reuse of agricultural by-products.
(c)  The state must increase economic opportunities, including value-added operations, to keep more agriculture-based activity in the state and ensure that agriculture remains a vital force in the economy.  In order to accomplish this goal, the state must provide incentives to promote the development of agricultural facilities.
(d)  The means and measures authorized by this chapter are in the public interest and serve a public purpose of this state in promoting the development of agricultural facilities and operations by providing incentives for the development of projects that result in employment and economic activity.
(e)  The creation of agricultural development districts is essential to accomplish the purposes of Section 52-a, Article III, Texas Constitution, and to accomplish the other public purposes stated in this chapter and further serves the purposes of Section 59, Article XVI, and Section 52, Article III, Texas Constitution.
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 A. General Provisions › Section 60.004. Definitions

Sec. 60.004.  DEFINITIONS.  In this chapter:
(1)  "Assessment" means a charge levied against real property located within a district's boundaries or against an agricultural product produced on real property in the district to pay the costs associated with the district's purposes, including a reassessment or supplemental assessment.
(2)  "Board" means the board of directors of a district.
(3)  "Bond" means an obligation issued by a district under this chapter, including a bond, certificate, note, or other evidence of indebtedness.
(4)  "Director" means a member of the board of directors of a district.
(5)  "District" means a Texas Agricultural Development District established under this chapter.
(6)  "Project" means an agricultural project designated under Section 60.054.
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 A. General Provisions › Section 60.005. Governmental Agency; Tort Claims

Sec. 60.005.  GOVERNMENTAL AGENCY;  TORT CLAIMS.  A district is a governmental agency, a body politic and corporate, and a political subdivision of this state.  Section 375.004, Local Government Code, applies to a district.
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter A. General Provisions › Section 60.006. Purpose and Nature of District

Sec. 60.006.  PURPOSE AND NATURE OF DISTRICT.  (a)  A district is created as a conservation and reclamation district under Section 59, Article XVI, Texas Constitution, to conserve and develop the natural resources of this state, including agricultural resources.
(b)  A district created under this chapter exercises public and essential governmental functions.
(c)  Chapter 49, Water Code, does not apply to a district, except as provided by Section 60.061.
(d)  The creation of a district is essential to accomplish the purposes of Section 52-a, Article III, Texas Constitution, and other public purposes stated in 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 B. Creation of District › Section 60.021. Petition to Establish District

Sec. 60.021.  PETITION TO ESTABLISH DISTRICT.  (a)  On petition of at least 10 residents of a proposed district, five of whom must own real property in the proposed district, the commissioners court of a county in which an agricultural facility of the proposed district is to be located may commence the creation of a district.
(b)  The creation of the district is subject to a confirmation election held as provided by this subchapter.
(c)  A district may consist of parcels of land that are:
(1)  not contiguous;  and
(2)  located in one or more counties.
(d)  Not later than the 10th day following the date of receipt of a petition, the commissioners court shall provide notice of the receipt of the petition and a copy of the petition to:
(1)  the commissioners court of each other county located in whole or in part in the proposed district;  and
(2)  the governing body of each municipality located in whole or in part in the proposed district.
(e)  No part of a proposed district may be located within the corporate boundaries of a municipality unless, prior to the formation of the district, the governing body of the municipality consents in writing to the formation of the district within the municipality.
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 B. Creation of District › Section 60.022. Contents of Petition

Sec. 60.022.  CONTENTS OF PETITION.  A petition filed under Section 60.021 must:
(1)  describe the boundaries of the proposed district by metes and bounds or by lot and block number, if there is a recorded map or plat and survey of the area;
(2)  include a name for the proposed district, which must include the term "Agricultural Development District";
(3)  be signed by the landowners of any land to be included within the proposed district and provide an acknowledgment consistent with Section 121.001, Civil Practice and Remedies Code, that the landowners desire the land to be included in the district;
(4)  include the names of at least five persons who are willing and qualified to serve as temporary directors of the district;
(5)  name each county in which any agricultural facilities to be owned by the district are to be located;
(6)  name each municipality in which any part of the district is to be located;
(7)  state the general nature of the proposed development and the cost of the development as then estimated by the petitioners;
(8)  state the necessity and feasibility of the proposed district and whether the district will serve the public purpose of furthering agricultural interests;
(9)  include a pledge that the district will make payments in lieu of taxes to any school district and county in which any real property to be owned by the district is located, as follows:
(A)  annual payments to each entity equal to the amount of taxes imposed on the real property by the entity in the year of the district's creation;  and
(B)  a payment to each entity equal to the amount that would be due under Section 23.55, Tax Code, on the district's date of creation;  and
(10)  include a pledge that, if the district employs more than 50 persons, the district will make payments in lieu of taxes to any school district, in addition to those made under Subdivision (9), in an amount negotiated between the district and the school 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 B. Creation of District › Section 60.023. Commissioners Court to Call Public Hearing

Sec. 60.023.  COMMISSIONERS COURT TO CALL PUBLIC HEARING.  Before the 30th day after the date a petition is received, the commissioners court shall call a public hearing at which the petition will be considered.  The notice of the hearing must state that any person may appear and present evidence or testify for or against the creation of 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 B. Creation of District › Section 60.024. Additional Notice of Public Hearing

Sec. 60.024.  ADDITIONAL NOTICE OF PUBLIC HEARING.  In addition to other notice required by law, before the 14th day before the date of the public hearing, notice of the hearing shall be mailed to the persons who signed the petition and be published in a newspaper with general circulation in the county with the most land within the proposed 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 B. Creation of District › Section 60.025. Public Hearing

Sec. 60.025.  PUBLIC HEARING.  (a)  At the public hearing, the commissioners court shall examine the petition to ascertain its sufficiency.
(b)  Any interested person may appear at the public hearing to offer evidence or testimony on the sufficiency of the petition and whether the district should be created.
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 B. Creation of District › Section 60.026. Action on Petition

Sec. 60.026.  ACTION ON PETITION.  (a)  After the hearing, if the commissioners court finds that the petition conforms to the requirements of Section 60.022 and that the creation of the district and the proposed development is feasible and necessary and would serve the public purpose of economic development in the counties to be included in the district, the commissioners court shall make that finding and enter an order granting the petition and creating the district.
(b)  The order may specify the cost of publishing notice and conducting hearings for the creation of the district together with the cost of conducting the confirmation election.  A county may require the petitioners to pay the county the appropriate amounts specified in the order creating the district at the time the order becomes final.
(c)  If the commissioners court finds that the petition does not conform to the requirements of Section 60.022 or that the creation of the district and the proposed project is not feasible and necessary and would not serve the public purpose of economic development in the counties to be included in the district, the commissioners court shall make that finding in an order and deny the petition.
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 B. Creation of District › Section 60.027. Temporary Directors; Vacancy in Office

Sec. 60.027.  TEMPORARY DIRECTORS;  VACANCY IN OFFICE.  (a)  If the commissioners court grants the petition, it shall appoint as temporary directors of the district five persons who are qualified under this chapter to serve as directors.
(b)  A vacancy in the office of temporary directors shall be filled by appointment by the commissioners court.
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 B. Creation of District › Section 60.028. Qualification and Bond of Temporary Directors

Sec. 60.028.  QUALIFICATION AND BOND OF TEMPORARY DIRECTORS.  Each temporary director shall execute a bond in accordance with Section 60.087 and shall take the oath of office.
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter B. Creation of District › Section 60.029. Election to Confirm District and Initial Permanent Directors

Sec. 60.029.  ELECTION TO CONFIRM DISTRICT AND INITIAL PERMANENT DIRECTORS.  The temporary board of directors shall conduct an election in the district to confirm the creation of the district and to confirm the initial permanent directors.
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter B. Creation of District › Section 60.030. Election Order

Sec. 60.030.  ELECTION ORDER.  An order calling an election under Section 60.029 must state:
(1)  the nature of the election, the proposition to appear on the ballot, and the names of at least five persons to serve as the initial permanent members of the board of directors;
(2)  the number and terms of directors on the board and the manner of selection of board members;
(3)  the date of the election;
(4)  the hours during which the polls will be open;  and
(5)  the location of the polling places.
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 B. Creation of District › Section 60.031. Notice

Sec. 60.031.  NOTICE.  In addition to other notice required by law, the temporary directors shall give notice of the election by publishing the substance of the election order in a newspaper with general circulation in the county in which the most land within the proposed district is located.  The notice must be published before the 14th day before the date set for the election.
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 B. Creation of District › Section 60.032. Conduct of Election

Sec. 60.032.  CONDUCT OF ELECTION.  (a)  The election shall be held in accordance with the Election Code, to the extent not inconsistent with this chapter.
(b)  The ballot shall be printed to permit:
(1)  voting for or against the proposition:  "The creation of __________ Agricultural Development District and confirmation of the initial permanent directors of the district";  and
(2)  naming of the proposed initial permanent directors.
(c)  If the proposed district contains not more than 25 registered voters, Section 41.001(a), Election Code, does not apply to the election.
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.  Amended by Acts 2003, 78th Leg., ch. 746, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter B. Creation of District › Section 60.033. Election Results

Sec. 60.033.  ELECTION RESULTS.  (a)  After the election, the presiding judge shall make returns of the result to the temporary board of directors.  The temporary board of directors shall canvass the returns and declare the results.
(b)  If a majority of the votes cast in the election favor the creation of the district, the temporary board shall order the district to be created and the persons named on the ballot to serve as the initial permanent directors and shall enter the order in its minutes.  If a majority of the votes cast in the election do not favor the creation of the district, the temporary board shall declare the proposition to create the district as defeated and enter the result in its minutes.
(c)  A certified copy of the temporary board's order creating the district or of the declaration that the proposition to create the district was defeated shall be sent to the commissioners court of each county included in the district by certified or registered mail.  The board shall include with the order or declaration the date of the election, the ballot proposition, and the number of votes cast for or against the proposition.  A certified copy of the order creating the district shall be filed in the real property records in the county in which the district is located and shall include the legal description of the district.
(d)  In the event 10 or fewer votes are cast in the election, not later than the 90th day following the date of the order canvassing the election, the temporary board shall submit the proceedings of the election, including voter affidavits as to residency and qualification to vote, to the attorney general.
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 60.051. General Powers and Duties

Sec. 60.051.  GENERAL POWERS AND DUTIES.  (a)  A district has the powers and duties that are prescribed by this chapter and that are necessary or desirable to carry out a power or duty expressly or implicitly granted to the district under this chapter.
(b)  A district may own or implement more than one project under this chapter.
(c)  A district may merge with another district or districts provided that the board of each district agrees to the merger.
(d)  A district may perform acts necessary to carry out the purposes of this chapter.
(e)  A district may not impose an ad valorem tax.
(f)  A district may make payments in lieu of taxes to a school district or county in the manner provided by Sections 60.022(9) and (10).
(g)  To the extent consistent with the purposes of this chapter, a district may enter into an installment purchase contract to acquire goods or services 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 60.052. Economic Development

Sec. 60.052.  ECONOMIC DEVELOPMENT.  A district may encourage the economic development of the area in which the district is located by:
(1)  fostering the growth of agricultural enterprises;
(2)  stimulating innovation in agricultural enterprises;
(3)  seeking to eliminate unemployment or underemployment in the state;  and
(4)  developing or expanding transportation resources for agricultural purposes.
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 60.053. Agricultural Development

Sec. 60.053.  AGRICULTURAL DEVELOPMENT.  (a)  A district may:
(1)  promote all agricultural enterprises, facilities, and services of the district;
(2)  encourage the maintenance and conservation of soil and water in the district;
(3)  acquire, design, construct, and operate an agricultural enterprise;  and
(4)  expand, develop, and diversify production, processing, marketing, and export of Texas agricultural products.
(b)  A district may acquire property as necessary, including vehicles, farm equipment, and other machinery and related facilities for the harvesting, processing, storage, packaging, distribution, and transportation of agricultural products or by-products.
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 60.054. Agricultural Projects; Notice

Sec. 60.054.  AGRICULTURAL PROJECTS;  NOTICE.  (a)  The district shall designate as an agricultural project a project that relates to the development of agriculture in the district and surrounding areas and the preservation and conservation of the soil and water in the district for agricultural purposes.
(b)  Each project designated under Subsection (a) must be approved by:
(1)  the department;  and
(2)  the county commissioners court of the county in which the project is to be located.
(c)  The cost of a project, including interest during construction and costs of issuance of bonds, may be paid from any source, including proceeds of district bonds.
(d)  The implementation of a project is a governmental function or service for purposes of Chapter 791, Government Code.
(e)  Before the 14th day preceding the date the county commissioners court considers approval of a project not included in the district's creation order, the district shall notify by mail each person who owns land that is immediately adjacent to the proposed project.
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 60.055. Transportation Development; Navigation Districts

Sec. 60.055.  TRANSPORTATION DEVELOPMENT;  NAVIGATION DISTRICTS.  (a)  The district may encourage the transportation and distribution of the district's agricultural products through the development and operation of transportation structures necessary to further the purposes of this chapter, including railroads, toll roads, and private roads.
(b)  The district may cooperate and contract with any navigation district on any area of mutual interest.
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 60.056. Agreements; Donations

Sec. 60.056.  AGREEMENTS;  DONATIONS.  (a)  The district may:
(1)  make an agreement with any person for any district purpose, including an agreement:
(A)  to acquire, construct, operate, or maintain an agricultural enterprise;
(B)  with a municipality or county to provide law enforcement services in the district on a fee basis;  or
(C)  under a qualified management contract for the operation of an agricultural facility;  and
(2)  accept a donation, grant, or loan from any person.
(b)  The district, a county, and any other political subdivision may contract to implement a district project or assist the district in providing a service authorized by this chapter.  A contract under this subsection may provide:
(1)  for payment from a district assessment or other revenue;  or
(2)  that an assessment or other revenue collected from a district project, or from a person using or purchasing a commodity or service from a district project, may be paid or rebated to 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 60.057. Property

Sec. 60.057.  PROPERTY.  The district may acquire or dispose of property in any manner, including by:
(1)  conveyance;
(2)  mortgage;  or
(3)  lease, as lessor or lessee.
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter C. District Powers and Duties › Section 60.058. Eminent Domain

Sec. 60.058.  EMINENT DOMAIN.  The district may exercise the power of eminent domain for the purpose of acquiring an agricultural facility in order to own, operate, or maintain its functional capabilities or the land on which an agricultural facility is to be built, if the land will be owned by the district.  The use of the land may be the subject of a lease agreement entered into 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 C. District Powers and Duties › Section 60.059. Research

Sec. 60.059.  RESEARCH.  The district may conduct or pay for research for agricultural purposes.
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 60 - Texas Agricultural Development Districts › Subchapter C. District Powers and Duties › Section 60.060. Suits

Sec. 60.060.  SUITS.  (a)  The district may sue and be sued.
(b)  In a suit against the district, process may be served on a director or registered agent.
(c)  The district may not be required to give a bond on an appeal or writ of error in a civil case that the district is prosecuting or defending.
(d)  The district may indemnify a director or district employee or a former director or district employee for reasonable expenses and costs, including attorney's fees, incurred by that person in connection with a claim asserted against that person if:
(1)  the claim relates to an act or omission of the person when acting in the scope of the person's board membership or district employment;  and
(2)  the person has not been found liable or guilty on the claim.
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 60.061. Annexation; Excluding Territory

Sec. 60.061.  ANNEXATION;  EXCLUDING TERRITORY.  (a)  The district may annex land as provided by Section 49.301 or 49.302, Water Code, except that the references in those sections related to taxes do not apply.  As provided by those sections, the district may annex land that is not adjacent or contiguous to the district.
(b)  A district may not annex territory within the corporate limits of a municipality unless the governing body of the municipality consents in writing to the annexation.
(c)  The board on its own motion may call a hearing on the question of the exclusion of land from the district in the manner provided by Section 49.304 or 49.307, Water Code, if the proposed exclusion is practicable, just, or desirable.
(d)  The board shall call a hearing on the exclusion of land or other property from the district in the manner provided by Section 49.304 or 49.307, Water Code, if a property owner in the district files with the board secretary a written petition requesting the hearing before the district issues any bonds.
(e)  The district may annex land only with the written consent of the owner of the land to be annexed.  The consent must include a statement that the owner of the land to be annexed understands that the land, once included in the district, will be subject to assessments imposed 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 C. District Powers and Duties › Section 60.062. Powers Beyond District Territory

Sec. 60.062.  POWERS BEYOND DISTRICT TERRITORY.  The district may exercise any of its powers outside the boundaries of the district, except the power to impose assessments and the power of eminent domain, if the board determines that there is a benefit to the district in exercising that power.
Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.