Invisible Government: Special Purpose Districts in Texas - Senate

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SPOTLIGHT
Special Purpose Districts
to determine whether the district should be created.
The commissioners court will issue an order declaring
the creation of the district in each county in which the
district is located if a majority of the votes cast in each
county favor its creation.
The commissioners court that orders the creation of the
district is required to appoint five persons to serve as
the first board of directors of the district. The board
is authorized to determine which noxious weeds are
subject to control and what methods of control will
be used, such as spraying, cutting, burning, or tilling.
The board may also prescribe specific areas in which
control measures are to be used and a time frame
during which the measures will be used. The board is
required to provide written notice to each person who
holds title to or possesses land within the district of the
control measures in effect on the person’s land and any
information necessary to enable the person to carry out
the measures. Upon inspection of a person’s land located
in the district, the board may determine whether a person
is complying with the control measures, and if that
person is not in compliance, the board is required to
order compliance within a certain period. The board
is permitted to sue in the district court of a county
for a mandatory injunction if the person continues to
fail to comply with an order. The board of directors
is authorized to impose an annual assessment on land
within the district, not to exceed six cents per acre.
A noxious weed control district may be dissolved upon
petition by voters residing in the district and upon an
election in which a majority of the votes cast favor the
dissolution of the district. The board is authorized to
continue to impose annual assessments after dissolution
if there are outstanding claims against the district.
ffWind Erosion Districts
Chapter 202 (Wind Erosion Districts), Agriculture
Code, authorizes the creation of wind erosion control
districts, stating that the purpose of these districts is to
conserve the soil by preventing the unnecessary erosion
caused by wind and reclaiming land that has been
depreciated or denuded of soil by wind. Chapter 202
provides that the creation of such a district is authorized
by Section 59, Article XVI, Texas Constitution. It also
provides that such a district is a state agency and may
exercise rights, privileges, and functions granted under
the Texas Constitution.
These districts are required to be coextensive with
the boundaries of a county and to carry the name of
that county. Upon submission of a petition signed by
at least 50 qualified property tax paying voters in the
county to the commissioners court, an election may be
conducted by the county on the creation of the district.
If a majority of votes are cast for the proposition, the
county judge is required to issue an order declaring the
creation of the district.
The commissioners court acts as the governing body of
the district, with the county judge serving as chairman.
The district is authorized to prevent damage to land,
highways, and public roads due to the unnecessary
movement of sand, dust, and soil and to make
improvements and maintain facilities to stop or prevent
wind erosion of soil or land. The district may sue or be
sued and has the authority to borrow money.
The commissioners court may transfer an amount not to
exceed 20 percent of automobile registration fees to the
district. The district may use those funds on soil erosion
work. On approval of the voters of the county, the
commissioners court may also transfer all of part of the
county road and bridge fund to the district. The district
is prohibited from imposing an ad valorem tax; however,
the commissioners court, acting as the governing body
of the district, may make an assessment on land after
a hearing in which the governing body determines the
necessity of an assessment to pay for soil conservation
work. The governing body may not, however, make an
assessment on land claimed as a homestead, but may
take a lien securing the assessment similar to a lien to
secure the cost of improvements on a homestead.
Page 40 October 2008