Texas Noxious Weed Control Districts: What Do They Do?

Wednesday, February 27, 2008
Contributed by: Audie Sciumbato

Anyone in the Texas Panhandle who pays attention to such things has undoubtedly noticed the dramatic increase in the thistle population over the last several years. The proliferation of the purple blooms across the local landscape has been impressive. Unfortunately, not all agriculturalists place the same emphasis on controlling the populations of invasive weed species. This brings up interesting questions:

  • What laws or regulations are in place to control the populations of noxious weeds?
  • Why should one landowner spend time, money, and other resources controlling noxious weeds on his or her property while a neighbor allows a breeding ground to exist?
  • Can this become a legal issue?

In Texas, a Noxious Weed Control District (NWCD) can be formed after landowners petition their commissioners court and pay the required deposit.1 Each NWCD is regulated by Chapter 78 of the Texas Agriculture Code and is a result of the Legislature's recognition of the threat that noxious weeds pose to agriculture and the State's natural resources in general.2 A NWCD may be as small as a portion of a town or as large as several counties, but it may never be smaller than 32,000 acres.3 All NWCD activities are funded with fees assessed on land located within the district.4

Each Noxious Weed Control District in Texas is governed by a five-member board of directors.5 NWCD boards have the authority to determine which weed species are subject to regulation and what methods of control are to be used on them.6 Area control standards for noxious weeds are set and enforced by the board of directors of the local NWCD. Boards may also prescribe specific methods of cleaning farm implements when moved into or within a district. 7 State law requires both landowners and county commissioners in the district to comply with weed control measures instituted by the local NWCD board.8

NWCD boards also have the authority to appoint inspectors that may enter a landowner's property to determine if the prescribed control measures are being carried out.9 Should a landowner continuously fail to obey a mandate issued by the board, that landowner may be sued in the district court of the county where the land is located and required by the court to comply.10 If this happens, the landowner may also be responsible for court costs and attorney's fees.11 NWCDs may be dissolved after a petition for dissolution is filed and a majority vote by eligible voters in a district is obtained.12

In light of this information, the answers to the questions at the beginning of this article become apparent. First, weed-control standards are set and maintained by the boards of Noxious Weed Control Districts. Second, producers should control noxious weeds on their property not only to be good stewards of the land, but also because NWCD inspectors may be watching. And finally, albeit a worst-case scenario, neglecting populations of noxious weeds can indeed become a legal issue for the landowner that continuously disregards the mandates of the local NWCD.

1As of January 2008, the required fee was $500. This money is used to pay any expenses incurred in creating the district. Tex. Agric. Code sec. 78.012.

2Tex. Agric. Code sec. 78.002.

3Tex. Agric. Code sec. 78.011; 78.013.

4Tex. Agric. Code sec. 78.051. As of January, 2008, this assessment was not to exceed six (6) cents per acre. Tex. Agric. Code sec. 78.051.

5Tex. Agric. Code sec. 78.031.

6Tex. Agric. Code sec. 78.041. Nicole King, Thistle put on noxious weed List, The Amarillo Globe-News, July 25, 2007. Randall County, Texas commissioners placed musk thistle (Carduus nutans) on its noxious weed list in July, 2007. It is important for landowners to remember that, since individual NWCD boards determine which species are regulated in their districts, the regulations change from area to area.

7Tex. Agric. Code sec. 78.045.

8Tex. Agric. Code sec. 78.042.

9Tex. Agric. Code sec. 78.044.

10Id.

11Id.

12Tex. Agric. Code sec. 78.061; 78.063.

This column is published for informational purposes only. It should not be construed as legal advice and is not intended to create an attorney client relationship. The views expressed are those of the author and do not necessarily reflect the views of the author's law firm or its individual partners.