Texas Agriculture Code

§ 201.128 — ENFORCEMENT

AG § 201.128Title 7. SOIL AND WATER CONSERVATION · Ch. 201. SOIL AND WATER CONSERVATION · Art. F. LAND-USE REGULATION

Statute text

(a)The directors are entitled to go upon any land in the conservation district to determine if land-use regulations adopted under this subchapter are being observed.

(b)If the directors find that provisions of land-use regulations prescribed by ordinance are not being observed on particular land and that the nonobservance tends to increase erosion on that land and is interfering with the prevention or control of erosion on other land in the conservation district, the directors may bring suit in a court of competent jurisdiction against the occupier of the land. If the occupier of the land is not the owner, the owner shall be joined as a party defendant. The petition to the court may request that the court:

(1)require the defendant to perform the work, operations, or avoidances within a reasonable time;

(2)order that if the defendant fails to perform, the directors may go upon the land and perform the work or other operations or otherwise bring the condition of the land into conformity with the land-use regulations; and

(3)order that the directors recover their costs and expenses, with interest, from the defendant.

(c)The petition to the court must be verified and must:

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Legislative history

Acts 1981, 67th Leg., p. 1477, ch. 388, Sec. 1, eff. Sept. 1, 1981.