reglab/statecodes huggingface dataset:
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter B. State Soil and Water Conservation Board › Section 201.0142. Training Program for Members of State Board

Sec. 201.0142.  TRAINING PROGRAM FOR MEMBERS OF STATE BOARD.  (a)  A person who is elected or appointed and qualifies for office as a member of the state board may not vote, deliberate, or be counted as a member in attendance at a meeting of the state board until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing state board operations;
(2)  the programs, functions, rules, and budget of the state board;
(3)  the scope of and limitations on the rulemaking authority of the state board;
(4)   the results of the most recent formal audit of the state board;
(5)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest; and
(B)  other laws applicable to members of a state policy-making body in performing their duties; and
(6)  any applicable ethics policies adopted by the state board or the Texas Ethics Commission.
(c)  A person elected or appointed to the state board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program, regardless of whether attendance at the program occurs before or after the person qualifies for office.
(d)  The executive director shall create a training manual that includes the information required by Subsection (b). The executive director shall distribute a copy of the training manual annually to each member of the state board.  Each member of the state board shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
Added by Acts 2001, 77th Leg., ch. 1095, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 61 (H.B. 1808), Sec. 2, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 358 (S.B. 1424), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter B. State Soil and Water Conservation Board › Section 201.015. Term

Sec. 201.015.  TERM.  (a)  Members of the state board serve for staggered terms of two years.  The terms of the members elected from State Districts No. 1, No. 3, and No. 5 expire in odd-numbered years.  The terms of the members elected from State Districts No. 2 and No. 4 expire in even-numbered years.
(b)  The term of office of an elected member of the state board begins on the day after the day on which the member was elected.  The term of one member appointed by the governor expires February 1 of each odd-numbered year, and the term of the other member appointed by the governor expires February 1 of each even-numbered year.
Acts 1981, 67th Leg., p. 1462, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 611, Sec. 11, eff. Sept. 1, 1985;  Acts 2003, 78th Leg., ch. 200, Sec. 13(b), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 983, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter B. State Soil and Water Conservation Board › Section 201.0151. Removal From Board

Sec. 201.0151.  REMOVAL FROM BOARD.  (a)  It is a ground for removal from the state board that a member:
(1)  does not:
(A)  if the member is elected, have at the time of election the qualifications required by Section 201.013(c); or
(B)  if the member is appointed, have at the time of taking office the qualifications required by Section 201.011(2);
(2)  does not maintain during service on the state board the qualifications required by Section 201.011(2) or 201.013(c);
(3)  is ineligible for membership under Section 201.0141;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial portion of the member's term; or
(5)  is absent from more than half of the regularly scheduled state board meetings that the member is eligible to attend during a calendar year, without an excuse approved by a majority vote of the state board.
(b)  The validity of an action of the state board is not affected by the fact that the action was taken when a ground for removal of a state board member exists.
(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the chairman of the state board.  The chairman shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the chairman, the executive director shall notify the next highest ranking officer of the state board, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 1985, 69th Leg., ch. 611, Sec. 12, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 1095, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 61 (H.B. 1808), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter B. State Soil and Water Conservation Board › Section 201.016. Vacancy

Sec. 201.016.  VACANCY.  Vacancies in the state district positions on the state board are filled by election in the manner provided by this subchapter for an unexpired term or for a full term.
Acts 1981, 67th Leg., p. 1462, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 2003, 78th Leg., ch. 200, Sec. 13(c), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 983, Sec. 4, eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter B. State Soil and Water Conservation Board › Section 201.017. Oath; Compensation

Sec. 201.017.  OATH;  COMPENSATION.  (a)  Each member of the state board shall take the constitutional oath of office.
(b)  Each member of the state board is entitled to compensation in an amount not to exceed $100 for each day of actual service rendered.  In addition, each member of the state board is entitled to reimbursement for expenses, including traveling expenses, necessarily incurred in the discharge of official duties.
Acts 1981, 67th Leg., p. 1462, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter B. State Soil and Water Conservation Board › Section 201.018. Majority Vote Requirement

Sec. 201.018.  MAJORITY VOTE REQUIREMENT.  The concurrence of a majority of the members of the state board is required for the determination of any matter within the board's duties.
Acts 1981, 67th Leg., p. 1463, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter B. State Soil and Water Conservation Board › Section 201.019. Officers and Employees

Sec. 201.019.  OFFICERS AND EMPLOYEES.  (a)  The state board shall designate one of its members as chairman.
(b)  The state board may employ an executive director and other agents and employees, temporary or permanent, as it may require, and shall determine their qualifications, duties, and compensation according to the terms and amounts specified in the General Appropriations Act.
(c)  Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(3).
(d)  The state board may delegate any power or duty under this chapter to its chairman, one or more of its members, or one or more of its agents or employees.
(e)  The state board may employ a counsel and legal staff or call on the attorney general for required legal services.
(f)  The executive director or the executive director's designee shall provide to members of the state board and state board employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers and employees.
(g)  The executive director shall develop an intraagency career ladder program, one part of which shall require the intraagency posting of all nonentry level positions concurrently with any public posting.
(h)  The executive director shall develop a system of annual performance evaluations based on measurable job tasks.  All merit pay for employees of the state board must be based on the system established under this subsection.
(i)  The state board shall develop and implement policies that clearly separate the policy-making responsibilities of the state board and the management responsibilities of the executive director and the staff of the state board.
Acts 1981, 67th Leg., p. 1463, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 611, Sec. 13, eff. Sept. 1, 1985;  Acts 2001, 77th Leg., ch. 1095, Sec. 5, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 285, Sec. 31(3), eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 358 (S.B. 1424), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter B. State Soil and Water Conservation Board › Section 201.0191. Equal Opportunity Employment

Sec. 201.0191.  EQUAL OPPORTUNITY EMPLOYMENT.  (a)  The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.
(b)  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the state board to avoid the unlawful employment practices described by Chapter 21, Labor Code;  and
(2)  an analysis of the extent to which the composition of the state board's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.
(c)  The policy statement must:
(1)  be filed with the governor's office;
(2)  be updated annually;  and
(3)  be reviewed by the Commission on Human Rights for compliance with Subsection (b)(1).
Added by Acts 1985, 69th Leg., ch. 611, Sec. 14, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 1095, Sec. 6, eff. Sept. 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter B. State Soil and Water Conservation Board › Section 201.020. Records; Hearings; Rules

Sec. 201.020.  RECORDS;  HEARINGS;  RULES.  (a)  The state board shall keep a complete record of all of its official actions, may hold public hearings at times and places in this state as determined by the board, and may adopt rules as necessary for the performance of its functions under this chapter.
(b)  The state board shall develop and implement policies which will provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.
Acts 1981, 67th Leg., p. 1463, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 611, Sec. 15, eff. Sept. 1, 1985.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter B. State Soil and Water Conservation Board › Section 201.021. Office

Sec. 201.021.  OFFICE.  The board may select the location of its office.
Acts 1981, 67th Leg., p. 1463, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter B. State Soil and Water Conservation Board › Section 201.022. General Powers and Duties

Sec. 201.022.  GENERAL POWERS AND DUTIES.  (a)  In addition to other powers and duties provided by this chapter, the state board shall:
(1)  offer appropriate assistance to the directors of conservation districts in carrying out programs and powers under this chapter;
(2)  coordinate the programs of the conservation districts to the extent possible through advice and consultation;
(3)  secure the cooperation and assistance of the federal government, federal agencies, and state agencies;
(4)  disseminate information throughout this state concerning the activities and programs of the conservation districts;
(5)  encourage the formation of a conservation district in each area in which the organization of a conservation district is desirable;  and
(6)  prepare information of public interest describing the functions of the board and make the information available to the general public and to appropriate state agencies.
(b)  The state board may cooperate with the governing boards of wind erosion conservation districts in putting into operation in those districts the provisions of this chapter that do not conflict with Chapter 202 of this code.
Acts 1981, 67th Leg., p. 1463, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 611, Sec. 16, eff. Sept. 1, 1985.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter B. State Soil and Water Conservation Board › Section 201.0225. Carrizo Cane Eradication Program

Sec. 201.0225.  CARRIZO CANE ERADICATION PROGRAM.  The state board shall develop and implement a program to eradicate Carrizo cane along the Rio Grande River.
Added by Acts 2015, 84th Leg., R.S., Ch. 431 (S.B. 1734), Sec. 1, eff. June 10, 2015.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter B. State Soil and Water Conservation Board › Section 201.0226. Dam Structural Repair Grant Program

Sec. 201.0226.  DAM STRUCTURAL REPAIR GRANT PROGRAM.  (a)  The state board shall develop and implement a program to provide grants for the structural repair and maintenance of flood control dams.
(b)  With input from stakeholders, the state board shall:
(1)  establish goals, criteria, and metrics for the grant program; and
(2)  assess the need for funding the structural repair and maintenance of flood control dams throughout this state, including the number of projects a grant sponsor can complete each year.
(c)  In adopting rules or policies for the grant program, the state board shall:
(1)  ensure any local matching fund requirement adopted by the state board accounts for the financial capacity of the grant sponsor; and
(2)  consider dams that are classified as high-hazard by the Texas Commission on Environmental Quality.
(d)  The state board shall ensure guidance documents for the grant program, including the 10-year dam repair, rehabilitation, and maintenance plan adopted under Section 201.0227, are consistent with the goals, criteria, and metrics established under Subsection (b).
Added by Acts 2023, 88th Leg., R.S., Ch. 358 (S.B. 1424), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter B. State Soil and Water Conservation Board › Section 201.0227. Ten-Year Dam Repair and Maintenance Plan; Reports

Sec. 201.0227.  TEN-YEAR DAM REPAIR AND MAINTENANCE PLAN; REPORTS.  (a)  In this section:
(1)  "Plan" means the 10-year dam repair, rehabilitation, and maintenance plan adopted under this section.
(2)  "Water development board" means the Texas Water Development Board.
(b)  The state board shall prepare and adopt a plan describing the repair and maintenance needs of flood control dams described by Subsection (c) and prepare and adopt a new plan before the end of the 10th year following the adoption of a plan.
(c)  The plan must include projects under the jurisdiction of the state board and authorized under:
(1)  Section 13, Flood Control Act of 1944 (Pub. L. No. 78-534);
(2)  the pilot watershed program authorized under the Department of Agriculture Appropriation Act, 1954 (Pub. L. No. 83-156);
(3)  the Watershed Protection and Flood Prevention Act (Pub. L. No. 83-566); and
(4)  Subtitle H, Title XV, Agriculture and Food Act of 1981 (Pub. L. No. 97-98).
(d)  The state board shall deliver the plan adopted under this section to the water development board.
(d-1)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 36 (S.B. 669), Sec. 2, and Acts 2021, 87th Leg., R.S., Ch. 856 (S.B. 800), Sec. 25(1), eff. September 1, 2021.
(e)  Each year, the state board shall deliver to the water development board a report regarding progress made on items listed in the plan.  If an update to the report or plan is necessary before the yearly report or before the end of the 10-year cycle, the state board must deliver to the water development board an amended report or plan.
(f)  The state board shall consider the timelines for grant applications for the dam structural repair grant program under Section 201.0226 when preparing and adopting a plan under this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 565 (S.B. 8), Sec. 2, eff. June 10, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 36 (S.B. 669), Sec. 2, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 856 (S.B. 800), Sec. 25(1), eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 358 (S.B. 1424), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter B. State Soil and Water Conservation Board › Section 201.023. Funds Management

Sec. 201.023.  FUNDS MANAGEMENT.  (a)  Except as provided by Section 201.081, the state board shall deposit all money and securities received by it in the state treasury to the credit of a special fund known as the state soil conservation fund.  That fund shall be appropriated to the state board for use in the administration of this chapter and is subject to the same care and control while in the state treasury as other funds of the state.
(b)  The financial transactions of the state board are subject to audit by the state auditor in accordance with Chapter 321, Government Code.
(c)  The state board by resolution may authorize the chairman of the board or the administrative officer to approve claims and accounts payable by the board.  That approval is sufficient to authorize the comptroller of public accounts to issue a warrant drawn on the funds appropriated to the board for payment of the claim and is sufficient to authorize the comptroller to honor payment of the warrant.
(d)  The state board may accept any donation or contribution in any form, including money, materials, or services, and from any source for the purpose of carrying out this chapter, including the cost of conducting the annual meeting of conservation district directors under Section 201.081 of this code.
Acts 1981, 67th Leg., p. 1463, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 611, Sec. 4, 17, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 584, Sec. 75, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 55, Sec. 2, eff. Aug. 26, 1991;  Acts 1997, 75th Leg., ch. 1423, Sec. 2.14, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1095, Sec. 8, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter B. State Soil and Water Conservation Board › Section 201.0231. Complaints

Sec. 201.0231.  COMPLAINTS.  (a)  The state board shall maintain a system to promptly and efficiently act on complaints filed with the state board.  The state board shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition.
(b)  The state board shall make information available describing its procedures for complaint investigation and resolution.
(c)  The state board shall periodically notify the complaint parties of the status of the complaint until final disposition unless the notice would jeopardize an investigation.
Added by Acts 1985, 69th Leg., ch. 611, Sec. 18, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 1095, Sec. 9, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 61 (H.B. 1808), Sec. 4, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 358 (S.B. 1424), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter B. State Soil and Water Conservation Board › Section 201.024. Contracts for Watershed Protection and Flood Control Plans

Sec. 201.024.  CONTRACTS FOR WATERSHED PROTECTION AND FLOOD CONTROL PLANS.  The state board may contract with one or more state or federal agencies or with one or more private firms for the development of plans necessary for securing detailed information and developing work plans for the location, design, installation, and construction of structures and other improvements for the reduction and prevention of floods in state-approved watershed protection and flood prevention projects of 250,000 acres or less.
Acts 1981, 67th Leg., p. 1464, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter B. State Soil and Water Conservation Board › Section 201.025. Sunset Provision

Sec. 201.025.  SUNSET PROVISION.  The State Soil and Water Conservation Board is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the state board is abolished September 1, 2035.
Acts 1981, 67th Leg., p. 1464, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 479, Sec. 189, eff. Sept. 1, 1985;  Acts 1985, 69th Leg., ch. 611, Sec. 19, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 5.23(a), eff. Nov. 12, 1991;  Acts 2001, 77th Leg., ch. 1095, Sec. 10, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., 1st C.S., Ch. 2 (S.B. 2), Sec. 1.01, eff. July 10, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 61 (H.B. 1808), Sec. 5, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 358 (S.B. 1424), Sec. 6, eff. September 1, 2023.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter B. State Soil and Water Conservation Board › Section 201.027. Enforcement Referral Records

Sec. 201.027.  ENFORCEMENT REFERRAL RECORDS.  (a)  The state board shall maintain detailed records about each state board referral of an agricultural or silvicultural operation to the Texas Natural Resource Conservation Commission for enforcement.
(b)  Records maintained under Subsection (a) must include information regarding the final disposition of the referral by the Texas Natural Resource Conservation Commission, including any enforcement action taken against the agricultural or silvicultural operation.
Added by Acts 2001, 77th Leg., ch. 1095, Sec. 12, eff. Sept. 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter B. State Soil and Water Conservation Board › Section 201.028. Annual Report

Sec. 201.028.  ANNUAL REPORT.  Not later than January 1 of each year, the state board shall prepare and deliver to the governor, the lieutenant governor, and the speaker of the house of representatives a report relating to the status of the budget areas of responsibility assigned to the board, including outreach programs, grants made and received, federal funding applied for and received, special projects, and oversight of water conservation district activities.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 13(d), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 983, Sec. 5, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter B. State Soil and Water Conservation Board › Section 201.029. Grant Program Administration

Sec. 201.029.  GRANT PROGRAM ADMINISTRATION.  (a)  In this section, "grant program" means a competitive grant program administered by the state board under this title and funded primarily by state funds. The term includes a program for water quality management, water supply enhancement, or flood control.
(b)  The state board shall:
(1)  develop goals for each grant program, including desired program results and descriptions of program beneficiaries;
(2)  establish statewide evaluation criteria to document grantee compliance with grant conditions;
(3)  monitor compliance with the evaluation criteria described by Subdivision (2) by gathering, maintaining, and analyzing comprehensive data on grant program activities;
(4)  analyze the extent to which grant programs achieve the goals developed under Subdivision (1), using either empirical or nonempirical evidence; and
(5)  publish the analysis required by Subdivision (4) on the state board's Internet website or in any annual publication the state board is required by statute to publish.
Added by Acts 2011, 82nd Leg., R.S., Ch. 61 (H.B. 1808), Sec. 6, eff. September 1, 2011.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter B. State Soil and Water Conservation Board › Section 201.030. Negotiated Rulemaking; Alternative Dispute Resolution

Sec. 201.030.  NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION.  (a)  The state board shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of state board rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the state board's jurisdiction.
(b)  The state board's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The state board shall:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures.
Added by Acts 2011, 82nd Leg., R.S., Ch. 61 (H.B. 1808), Sec. 6, eff. September 1, 2011.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter C. Creation, Boundary Changes, and Dissolution of Soil and Water Conservation Districts › Section 201.041. Petition

Sec. 201.041.  PETITION.  (a)  The eligible voters of any territory may petition the state board for the organization of a soil and water conservation district.  The petition must be signed by at least 50 persons eligible to vote in an election to create the conservation district unless the territory contains fewer than 100 eligible voters, in which case the petition must be signed by a majority of the eligible voters in the territory.
(b)  The petition must contain:
(1)  a proposed name for the conservation district;
(2)  a description of the territory proposed to be organized as a conservation district;
(3)  a statement that there is need for a conservation district to function in the described territory in the interest of the public health, safety, and welfare;  and
(4)  a request that:
(A)  the state board define the boundaries of the conservation district;
(B)  an election be held within the defined territory on the question of creation of a conservation district in that territory;  and
(C)  the state board determine that the conservation district be created.
(c)  The petition is not required to describe the territory by metes and bounds or by legal subdivisions, but must be generally accurate in order to be sufficient.
(d)  If more than one petition is filed covering parts of the same territory, the state board may consolidate any or all of the petitions.
Acts 1981, 67th Leg., p. 1464, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter C. Creation, Boundary Changes, and Dissolution of Soil and Water Conservation Districts › Section 201.043. Election

Sec. 201.043.  ELECTION.  (a)  Within a reasonable time after determining the need for a conservation district and defining the boundaries of the proposed conservation district, the state board shall conduct an election within the proposed conservation district on the proposition of the creation of the conservation district.
(b)  The state board shall give notice of the election and the notice must state the boundaries of the proposed conservation district.
(c)  The ballot for the election shall be printed to provide for voting for or against the proposition:  "The creation of a soil and water conservation district from the land below described in general terms and lying in the county (or counties) of _______________."
(d)  Each eligible voter in the proposed conservation district, as determined by the state board, is entitled to vote in the election.  If part of a county is included within a proposed conservation district and the polling place of an eligible voter within the county is not included within the conservation district, the voter is entitled to vote at the polling place for the voter's land in the conservation district.
(e)  Except as otherwise provided by this chapter, the election shall be conducted in conformity with the general laws relating to elections.
(f)  The state board shall adopt rules for the conducting of elections, including rules providing for the registration of all eligible voters prior to the date of the election or prescribing another appropriate procedure for the determination of eligibility to vote.
Acts 1981, 67th Leg., p. 1466, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter C. Creation, Boundary Changes, and Dissolution of Soil and Water Conservation Districts › Section 201.044. State Board Determination of Administrative Practicability and Feasibility

Sec. 201.044.  STATE BOARD DETERMINATION OF ADMINISTRATIVE PRACTICABILITY AND FEASIBILITY.  (a)  After announcing the results of an election, the state board shall consider, determine, and record its determination of whether the operation of the conservation district within the defined boundaries is administratively practicable and feasible.  In making that determination, the state board shall give due regard and consideration to:
(1)  the attitude of eligible voters in the defined boundaries;
(2)  the number of persons eligible to vote in the election who voted;
(3)  the number of votes cast in the election favoring creation of the conservation district in proportion to the total number of votes cast;
(4)  the approximate wealth and income of the eligible voters of the proposed conservation district;
(5)  the probable expense of carrying on erosion control operations within the proposed conservation district;  and
(6)  other relevant social and economic factors, having due regard for the legislative determinations made in Section 201.001 of this code.
(b)  The state board may proceed with the organization of the conservation district only if:
(1)  the board determines that the operation of the conservation district is administratively practicable and feasible;  and
(2)  at least two-thirds of the votes cast in the election were in favor of creation of the conservation district.
(c)  If the state board determines that the operation of the conservation district is not administratively practicable and feasible, the state board shall deny the petition.
Acts 1981, 67th Leg., p. 1466, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter C. Creation, Boundary Changes, and Dissolution of Soil and Water Conservation Districts › Section 201.045. Subsequent Petitions

Sec. 201.045.  SUBSEQUENT PETITIONS.  If the state board denies a petition under this subchapter, a subsequent petition covering the same or substantially the same territory may not be filed with the board until six months have expired following the date of denial.
Acts 1981, 67th Leg., p. 1467, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter C. Creation, Boundary Changes, and Dissolution of Soil and Water Conservation Districts › Section 201.046. Establishment of District Subdivisions; Appointment of Initial Directors

Sec. 201.046.  ESTABLISHMENT OF DISTRICT SUBDIVISIONS;  APPOINTMENT OF INITIAL DIRECTORS.  After determining that the operation of the conservation district is administratively practicable and feasible, the state board shall divide the conservation district into five numbered subdivisions that are as nearly equal in area as practicable.  The board shall appoint one director each from the subdivisions numbered two and four.  Those directors shall perform the duties required by this subchapter and shall serve on the initial governing board of the conservation district until the regular election for those subdivisions.
Acts 1981, 67th Leg., p. 1467, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter C. Creation, Boundary Changes, and Dissolution of Soil and Water Conservation Districts › Section 201.047. Application for Certificate of Organization

Sec. 201.047.  APPLICATION FOR CERTIFICATE OF ORGANIZATION.  (a)  The two appointed directors shall present to the secretary of state an application for a certificate of organization for the conservation district containing the information prescribed by Subsection (b) of this section and a statement from the state board containing the information prescribed by Subsection (c) of this section.  The application and the statement are not required to contain any detail other than a recital of the information required by this section.
(b)  The application for the certificate must contain:
(1)  a statement that:
(A)  a petition for the creation of the conservation district was filed with the state board in accordance with this chapter;
(B)  the proceedings specified in this chapter were taken relative to that petition;
(C)  the application is being filed in order to complete the organization of the conservation district as a governmental subdivision and a public body corporate and politic under this chapter;  and
(D)  the state board has appointed the applicants as directors;
(2)  the name and official residence of each of the appointed directors;
(3)  a certified copy of the appointment of the directors evidencing their right to office;
(4)  the term of office of each of the appointed directors;
(5)  the name that is proposed for the conservation district;  and
(6)  the location of the principal office of the appointed directors.
(c)  The statement of the state board must set forth the boundaries of the conservation district and certify that:
(1)  a petition was filed, notice issued, and a hearing held as required by this chapter;
(2)  the board did determine that there is need, in the interest of the public health, safety, and welfare, for a conservation district to function in the proposed territory;
(3)  the board did define the boundaries of the conservation district;
(4)  notice was given and an election held on the question of the creation of the conservation district;
(5)  the result of the election showed a two-thirds majority of the votes cast in the election to be in favor of the creation of the conservation district;  and
(6)  the board did determine that the operation of the conservation district is administratively practicable and feasible.
(d)  The directors shall subscribe and swear to the application before an officer authorized by law to take and certify oaths.  That officer shall certify on the application that the officer personally knows the directors, that the officer knows them to be the directors as affirmed in the application, and that each director has subscribed to the application in the officer's presence.
Acts 1981, 67th Leg., p. 1467, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter C. Creation, Boundary Changes, and Dissolution of Soil and Water Conservation Districts › Section 201.048. Issuance of Certificate

Sec. 201.048.  ISSUANCE OF CERTIFICATE.  (a)  The secretary of state shall examine the application for a certificate of organization and the statement of the state board.  If the secretary of state finds that the name proposed for the conservation district is not identical to that of another conservation district or so nearly similar as to lead to confusion or uncertainty, the secretary shall receive the application and statement, file them, and record them in an appropriate book of record in the secretary's office.
(b)  If the secretary of state finds that the name proposed for the conservation district is identical to that of another conservation district or so nearly similar as to lead to confusion or uncertainty, the secretary shall certify that fact to the state board and the state board shall submit to the secretary a new name for the conservation district that is free of that defect.  After receipt of a name that is free of that defect, the secretary shall record the application and statement, with the modified name, in an appropriate book of record in the secretary's office.
(c)  When the application and statement are filed and recorded as provided by this section, the conservation district constitutes a governmental subdivision and a public body corporate and politic.
(d)  The secretary of state shall make and issue to the directors a certificate, under the state seal, of the due organization of the conservation district.  The secretary shall record the certificate with the application and statement.
Acts 1981, 67th Leg., p. 1468, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1993, 73rd Leg., ch. 300, Sec. 24, eff. Aug. 30, 1993.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter C. Creation, Boundary Changes, and Dissolution of Soil and Water Conservation Districts › Section 201.049. Effect of Certificate; Admissibility

Sec. 201.049.  EFFECT OF CERTIFICATE;  ADMISSIBILITY.  In a suit, action, or proceeding involving the validity or enforcement of, or relating to, a contract, proceeding, or action of a conservation district, the conservation district is considered to have been established in accordance with this chapter on proof of the issuance of a certificate of organization by the secretary of state.  A copy of the certificate certified by the secretary of state is admissible in evidence in the suit, action, or proceeding and is proof of the filing of the certificate and the contents of the certificate.
Acts 1981, 67th Leg., p. 1468, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter C. Creation, Boundary Changes, and Dissolution of Soil and Water Conservation Districts › Section 201.050. Change in Conservation District or Subdivision Boundaries

Sec. 201.050.  CHANGE IN CONSERVATION DISTRICT OR SUBDIVISION BOUNDARIES.  (a)  A group of eligible voters may petition the state board for the inclusion of additional territory in an existing conservation district.  Except as provided by Subsection (b) of this section, the petition is governed by, and the state board shall conduct proceedings on the petition in accordance with, the provisions of this subchapter relating to petitions for the creation of a conservation district.  The state board shall prescribe the form for the petition, which must be as similar as practicable to the form provided for petitions for the creation of a conservation district.
(b)  If there are fewer than 100 eligible voters in the area proposed for inclusion in the conservation district, and the petition is signed by two-thirds of those persons, the area may be included in the conservation district without an election.  A person is eligible to vote at an election for including territory in an existing conservation district only if the person owns land in the territory to be included.
(c)  The board of directors of one or more conservation districts may submit a petition to the state board requesting a division of the conservation district, a combination of two or more conservation districts, or a transfer of land from one conservation district to another.  The petition must be signed by a majority of the directors of each conservation district affected.  The state board shall determine the practicability and feasibility of the proposed change.  If the state board determines that the change is not administratively practicable and feasible, it shall record that determination and deny the petition.  If the board determines that the change is administratively practicable and feasible, it shall record that determination and reorganize the conservation districts in the manner set out in the petition.
(d)  The state board, in cooperation with the landowners of a conservation district, may change the boundaries of the subdivisions of the conservation district as may be necessary or desirable because of additions of territory to the conservation district.
Acts 1981, 67th Leg., p. 1469, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter C. Creation, Boundary Changes, and Dissolution of Soil and Water Conservation Districts › Section 201.051. Dissolution of Conservation District

Sec. 201.051.  DISSOLUTION OF CONSERVATION DISTRICT.  (a)  A conservation district may be dissolved by majority vote of the eligible voters in an election conducted in the manner provided by this subchapter for its creation.  The board of directors of the conservation district shall notify the state board of the outcome of an election under this section.
(b)  On receiving notice of a vote to dissolve a conservation district, the state board shall determine whether the conservation district should continue to operate.  If the state board determines that continuing the operation of the conservation district is not administratively practicable and feasible, the state board shall deliver to the secretary of state certification of the district's dissolution.
(c)  Certification by the state board to the secretary of state is sufficient notice of the dissolution of a conservation district.  The secretary of state shall issue to the directors of the dissolved district a certificate of dissolution and shall record the fact of dissolution in the appropriate records of the secretary's office.
(d)  On receiving a certificate of dissolution, the board of directors of the dissolved district shall terminate the affairs of the conservation district.  The board shall transfer to the state board all property owned by the conservation district.  The state board may:
(1)  sell the property at a public auction and deposit the net proceeds of the sale in the State Treasury;  or
(2)  make the property available for use by other conservation districts.
(e)  If the dissolution of a conservation district is for the purpose of adjusting the boundaries and the conservation district is immediately reorganized, the funds and equipment of the dissolved conservation district pass to the reorganized conservation district.  If more than one conservation district is created under the reorganization, the funds and equipment of the dissolved conservation district shall be divided under terms satisfactory to the directors of the reorganized conservation districts.
(f)  The state board may not conduct an election under this section for a conservation district before the end of the fifth year after the date of the last election under this section for that district.
Acts 1981, 67th Leg., p. 1469, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 611, Sec. 6, eff. Sept. 1, 1985.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter C. Creation, Boundary Changes, and Dissolution of Soil and Water Conservation Districts › Section 201.0511. Effect of Dissolution

Sec. 201.0511.  EFFECT OF DISSOLUTION.  (a)  On issuance of a certificate of dissolution under Section 201.051 of this code, the ordinances and regulations adopted by the dissolved district cease to be in effect.
(b)  A contract to which a dissolved district was a party remains in effect according to the terms of the contract.  The state board is substituted for the dissolved district for purposes of performance of a contract.  Under a contract of the dissolved district, the state board has all the rights and liabilities under the contract that the board of directors of the dissolved district had under the contract, including the right to sue and the liability to be sued.
(c)  The dissolution of a conservation district does not affect a lien on a judgment obtained or an action pending under Section 201.128 of this code.  The state board has all the rights and obligations with respect to a lien or an action under Section 201.128 as the board of directors of the dissolved district had under that section.
Added by Acts 1985, 69th Leg., ch. 611, Sec. 6, eff. Sept. 1, 1985.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter D. Soil and Water Conservation District Administration › Section 201.071. Composition of Board of Directors

Sec. 201.071.  COMPOSITION OF BOARD OF DIRECTORS.  (a)  Except as provided for the initial board, the board of directors of a conservation district is composed of five persons, with one director elected from each of the five numbered subdivisions created by the state board under Section 201.046 of this code.
(b)  The initial board of directors is composed of the two directors appointed by the state board and three elected directors.
Acts 1981, 67th Leg., p. 1470, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter D. Soil and Water Conservation District Administration › Section 201.072. Qualifications of Directors

Sec. 201.072.  QUALIFICATIONS OF DIRECTORS.  In order to serve as a director, a person must be an eligible voter who owns land within the numbered subdivision from which the person is appointed or elected and must be actively engaged in the business of farming or animal husbandry.
Acts 1981, 67th Leg., p. 1470, ch. 388, Sec. 1, eff. Sept. 1, 1981.