Texas Law - Transportation Code - Subtitle E. Municipal Streets

SUBTITLE E. MUNICIPAL STREETS ^(13026)(1-click HTML)

CHAPTER 311. GENERAL PROVISIONS RELATING TO MUNICIPAL STREETS ^(13027)(1-click HTML)

SUBCHAPTER A. GENERAL AUTHORITY ^(13028)(1-click HTML)

Sec. 311.001. GENERAL AUTHORITY OF HOME-RULE MUNICIPALITY. ^(13029)(1-click HTML)

(a) A home-rule municipality has exclusive control over and under the public highways, streets, and alleys of the municipality. ^(13030)

(1) control, regulate, or remove an encroachment or obstruction on a public street or alley of the municipality; ^(13032)

(c) Notwithstanding Subsection (a) or (b) or Section 311.007, before a municipality with a population of 1.9 million or more may install traffic calming measures within the municipality, the governing body of the municipality must: ^(13035)

(1) publish standards and criteria, which must include sufficient notice to allow the governing body to receive and consider public comments from residents within one-half mile of the proposed traffic calming measure; ^(13036)

(2) on request of affected residents, schedule and hold a public meeting before implementation of the measure; and ^(13037)

(3) if the measure involves the closure of a street to motor vehicular traffic, before the closure: ^(13038)

Acts 2009, 81st Leg., R.S., Ch. 1321 (H.B. 3082), Sec. 1, eff. June 19, 2009. ^(13043)

Sec. 311.002. GENERAL AUTHORITY OF GENERAL-LAW MUNICIPALITY. ^(13044)(1-click HTML)

(a) A general-law municipality has exclusive control over the highways, streets, and alleys of the municipality. ^(13045)

(1) abate or remove an encroachment or obstruction on a highway, street, or alley; ^(13047)

(3) put a drain or sewer in a street, prevent the obstruction of the drain or sewer, or protect the drain or sewer from encroachment or damage. ^(13049)

Sec. 311.003. ADDITIONAL AUTHORITY OF TYPE A GENERAL-LAW MUNICIPALITY. ^(13054)(1-click HTML)

(1) prevent an encroachment or obstruction on a sidewalk in the municipality; ^(13056)

(2) abate an encroachment or obstruction on a bridge, culvert, sidewalk, or crossway in the municipality; ^(13057)

(3) construct, regulate, or maintain a bridge, culvert, sidewalk, or crossway in the municipality; ^(13058)

(4) regulate the construction of a bridge, culvert, sewer, sidewalk, or crossway in the municipality; ^(13059)

(5) require a person to keep weeds, unclean matter, or trash from the street, sidewalk, or gutter in front of the person's premises; or ^(13060)

(6) require the owner of land to improve the sidewalk in front of the person's land. ^(13061)

Sec. 311.004. AUTHORITY OVER SIDEWALK IN HOME-RULE MUNICIPALITY. ^(13063)(1-click HTML)

(2) provide for the improvement of a sidewalk or the construction of a curb under an ordinance enforced by a penal provision; or ^(13066)

Sec. 311.005. MOVEMENT OF STRUCTURE ON STREET IN HOME-RULE MUNICIPALITY. ^(13069)(1-click HTML)

A home-rule municipality may regulate the movement of a structure over or on a street of the municipality. ^(13070)

Sec. 311.006. AUTHORITY OF COUNTY TO IMPROVE STREET IN TYPE B GENERAL-LAW MUNICIPALITY. ^(13072)(1-click HTML)

To facilitate travel on a street in a Type B general-law municipality, the commissioners court of a county may construct a bridge for or otherwise improve the street if: ^(13073)

Sec. 311.007. CLOSING OF STREET OR ALLEY BY HOME-RULE MUNICIPALITY. ^(13077)(1-click HTML)

A home-rule municipality may vacate, abandon, or close a street or alley. ^(13078)

Sec. 311.008. CLOSING OF STREET OR ALLEY BY GENERAL-LAW MUNICIPALITY. ^(13080)(1-click HTML)

The governing body of a general-law municipality by ordinance may vacate, abandon, or close a street or alley of the municipality if a petition signed by all the owners of real property abutting the street or alley is submitted to the governing body. ^(13081)

SUBCHAPTER B. MUNICIPAL FREEWAYS ^(13083)(1-click HTML)

Sec. 311.031. DEFINITION. ^(13084)(1-click HTML)

In this subchapter, "freeway" means a municipal street for which the right of access to or from adjoining land has been acquired in whole or in part from the owners of the adjoining land by the governing body of a municipality. ^(13085)

Sec. 311.032. ESTABLISHMENT OF FREEWAY. ^(13087)(1-click HTML)

(a) The governing body of a municipality may establish, maintain, and operate a freeway. ^(13088)

(b) To establish a freeway by using a street that exists at the time of the establishment, the municipality must have the consent of the owners of lands abutting the freeway or must purchase or condemn the right of access to the abutting lands. This subsection does not require consent to establish a freeway for the first time as a new way for vehicular and pedestrian traffic. ^(13089)

Sec. 311.033. ACQUISITION OF LAND. ^(13091)(1-click HTML)

For the purposes of this subchapter, the governing body may acquire necessary property or property rights by gift, devise, purchase, or condemnation in the same manner that the governing body may acquire property for a municipal street. ^(13092)

Sec. 311.034. CONTROL OF INTERSECTING STREET. ^(13094)(1-click HTML)

(1) close a street in the municipality at or near the place the street intersects a freeway; ^(13096)

(4) perform other actions on a street as necessary to carry out a power granted by this section. ^(13099)

Sec. 311.035. LEASE OF LAND UNDER FREEWAY. ^(13101)(1-click HTML)

(a) A governmental agency that holds the title and property rights to land on which a freeway is located may lease for parking purposes the part of the land beneath an elevated section of the freeway. ^(13102)

(b) Revenue from the parking lease shall be used only for general governmental purposes. ^(13103)

SUBCHAPTER C. AUTHORITY RELATING TO RAIL TRANSPORTATION ^(13105)(1-click HTML)

Sec. 311.051. REGULATION OF STREET RAILWAY BY TYPE A GENERAL-LAW MUNICIPALITY. ^(13106)(1-click HTML)

(B) conform the area in which the company's tracks lie to the grade of the street on which they lie, if the municipality has graded the street; or ^(13110)

(C) take measures to provide for the safe and convenient travel of people on the street on which the company's tracks lie; or ^(13111)

(b) The governing body by ordinance may establish penalties to enforce a regulation adopted under this section. ^(13113)

Sec. 311.052. REGULATION OF RAILROAD BY TYPE A GENERAL-LAW MUNICIPALITY. ^(13115)(1-click HTML)

(1) direct and control the location and construction of railroad tracks, turnouts, and switches and prohibit the construction of those facilities in a street or alley, unless that action has been authorized by law; ^(13117)

(2) require that railroad tracks, turnouts, and switches be constructed in a way that interferes as little as possible with the ordinary use of a street or alley and that leaves sufficient space on each side of the tracks for the safe and convenient passage of vehicles and people; ^(13118)

(3) require a railroad company to keep in repair the street or alley on which their tracks are located; ^(13119)

(4) order a railroad company to construct and keep in repair a crossing at the place where the company's tracks intersect a street or alley; ^(13120)

(5) require a railroad company to construct and keep in repair a ditch, sewer, or culvert; ^(13121)

(6) direct or prohibit the use of or regulate the speed of a locomotive in the municipality; or ^(13122)

(7) direct and control the location of railroad depots in the municipality. ^(13123)

Sec. 311.053. CLOSING STREET FOR CERTAIN PURPOSES IN GENERAL-LAW OR SPECIAL-LAW MUNICIPALITY. ^(13125)(1-click HTML)

The governing body of a general-law municipality or special-law municipality may close temporarily or permanently any part of a street or alley for the exclusive use by a railroad company or other corporation having the right of eminent domain or may ratify an ordinance closing a street or alley for that purpose if: ^(13126)

(1) the municipality operates under a municipal charter that authorizes the governing body to take that action; or ^(13127)

(2) a majority of the qualified voters of the municipality voting at an election on the question approve the grant of authority to the governing body. ^(13128)

Sec. 311.054. RAILROAD QUIET ZONE LOCATED OUTSIDE TYPE A GENERAL-LAW MUNICIPALITY. ^(13130)(1-click HTML)

(a) This section applies only to a Type A general-law municipality that is an enclave surrounded entirely by a municipality with a population of 1.1 million or more. ^(13131)

(b) The governing body of the general-law municipality may enter into an interlocal contract with the surrounding municipality for the establishment of a railroad quiet zone located outside the boundaries of the general-law municipality that the governing body determines will benefit the general-law municipality. ^(13132)

(c) A general-law municipality may expend municipal funds and may issue certificates of obligation or bonds to pay for expenses associated with a railroad quiet zone under Subsection (b), including expenses related to feasibility, engineering, and traffic studies and improvements related to the railroad quiet zone. ^(13133)

Added by Acts 2009, 81st Leg., R.S., Ch. 203 (S.B. 316), Sec. 1, eff. May 27, 2009. ^(13134)

SUBCHAPTER D. FRANCHISE TO USE STREETS IN HOME-RULE MUNICIPALITY ^(13135)(1-click HTML)

Sec. 311.071. AUTHORITY TO GRANT FRANCHISE. ^(13136)(1-click HTML)

(a) The governing body of a home-rule municipality by ordinance may grant to a person a franchise to use or occupy a public street or alley of the municipality. ^(13137)

(b) The authority to grant a franchise is the exclusive authority of the governing body. ^(13138)

Sec. 311.072. PROHIBITION OF GRANT BY CHARTER. ^(13140)(1-click HTML)

The charter of the municipality may not grant to a person a franchise described by Section 311.071. ^(13141)

Sec. 311.073. ELECTION AFTER PETITION. ^(13143)(1-click HTML)

(a) The governing body shall submit to the voters of the municipality the question of granting a franchise to a person if, before the effective date of the ordinance granting the franchise, the governing body receives a petition that requests the election and is signed by 10 percent of the registered voters of the municipality. ^(13144)

(b) In a municipality with a population of more than 1.9 million, the number of registered voters who must sign the petition may be set at a lower number by the municipal charter. ^(13145)

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 669, Sec. 133, eff. Sept. 1, 2001. ^(13146)

Sec. 311.074. ELECTION DATE. ^(13147)(1-click HTML)

After receipt of a petition under Section 311.073, the election shall be held on the first uniform election date prescribed by Section 41.001, Election Code, that allows sufficient time to comply with other requirements of law. ^(13148)

Sec. 311.075. ELECTION NOTICE. ^(13150)(1-click HTML)

(a) Notice of the election must be published in a daily newspaper in the municipality for at least 20 successive days before the date of the election. ^(13151)

(b) This notice requirement supersedes the notice requirements prescribed by Section 4.003, Election Code, except as provided by that section. ^(13152)

Sec. 311.076. BALLOT PROPOSITION. ^(13154)(1-click HTML)

The ballot at the election shall be printed to provide for voting for or against the proposition: "Granting of a franchise (brief description of the franchise and its terms)." ^(13155)

Sec. 311.077. EFFECTIVE DATE OF FRANCHISE. ^(13157)(1-click HTML)

(1) the governing body shall declare that result on canvassing the election returns; and ^(13159)

Sec. 311.078. DURATION OF FRANCHISE. ^(13162)(1-click HTML)

A franchise under this subchapter may not extend beyond the period set for its termination. ^(13163)

SUBCHAPTER E. FINANCING IMPROVEMENTS ^(13165)(1-click HTML)

Sec. 311.091. ASSESSMENT FOR STREET IMPROVEMENT IN HOME-RULE MUNICIPALITY. ^(13166)(1-click HTML)

(a) A home-rule municipality may assess a landowner for the cost of improving a public highway, street, or alley abutting the owner's land, if the municipal charter provides for apportioning the cost between the municipality and the landowner. The assessment may not exceed the amount by which the improvement specially benefits the owner's abutting land by enhancing the land's value. ^(13167)

(b) The municipality may issue assignable certificates for the payment of the assessed cost. ^(13168)

(d) Regardless of Subsection (a), a railway company shall pay the cost of a street improvement made between the rails or tracks of the company or made in the area extending two feet from a rail or track of the company. ^(13170)

Sec. 311.092. ASSESSMENT FOR OPENING, EXTENDING, OR WIDENING OF STREET OR ALLEY IN HOME-RULE MUNICIPALITY. ^(13172)(1-click HTML)

(1) acquire land necessary for opening, extending, or widening a public street or alley by the exercise of the right of eminent domain under Section 251.001, Local Government Code; and ^(13174)

(2) assess the owners of land located in the territory of the improvement and specially benefitted by the improvement for the cost of the improvement. ^(13175)

(b) The special commissioners appointed under Chapter 21, Property Code, as part of the eminent domain proceeding shall apportion the cost of the improvement between the municipality and the landowners. The municipality's share of the cost may not exceed one-third of the cost. The municipality shall pay its share of the cost, and the landowners shall pay the balance. ^(13176)

(c) The special commissioners shall determine the land that is located in the territory of the improvement and is specially benefitted in enhanced value. ^(13177)

(d) The assessment creates a lien on the owner's land for the assessed cost. ^(13178)

(e) The municipality may issue assignable certificates for the payment of the assessed cost and may provide for the payment of the cost in deferred payments, which bear interest at a rate determined by the municipal charter but not to exceed eight percent. ^(13179)

Sec. 311.093. ASSESSMENT FOR SIDEWALK IN HOME-RULE MUNICIPALITY. ^(13181)(1-click HTML)

(a) A home-rule municipality may assess a landowner for the entire cost of constructing a sidewalk, including a curb, abutting the owner's land. ^(13182)

(b) The assessment creates a lien on the owner's abutting land for the assessed cost. ^(13183)

Sec. 311.094. OTHER FINANCING METHODS IN CHARTER OF HOME-RULE MUNICIPALITY. ^(13185)(1-click HTML)

(a) A home-rule municipality by charter may adopt any other method of financing an improvement described by Section 311.091, 311.092, or 311.093. ^(13186)

(b) Another method adopted by charter for financing an improvement described by Section 311.092 must: ^(13187)

(1) charge the cost of the improvement to the property and to the owner of the property specially benefitted in enhanced value by the improvement and located in the territory in which the improvement is made; and ^(13188)

Sec. 311.095. ASSESSMENT FOR STREET IMPROVEMENT IN TYPE A GENERAL-LAW MUNICIPALITY. ^(13194)(1-click HTML)

(a) The governing body of a Type A general-law municipality, by a two-thirds vote of the aldermen present, may improve a street or alley under this section. ^(13195)

(b) The governing body shall assess the land abutting the street or alley improved under this section for two-thirds of the cost of the improvement. The municipality shall pay the other one-third of the cost. The municipality shall pay the entire cost of an improvement at the intersection of streets. ^(13196)

(c) The landowner shall pay the assessment in not fewer than five equal annual payments. A collected assessment shall be appropriated for the payment of the bonds issued to finance the cost of the improvement. ^(13197)

(d) After the governing body determines to make an improvement, the governing body shall require the municipal engineer, another municipal officer, or a committee of three aldermen to prepare a report. The report must: ^(13198)

(2) list each lot or part of a lot abutting the street or alley to be improved and list the number and size of the lot, the number of the block in which the lot is located, the owner of the lot or a statement that the owner is unknown, and other information required by the governing body; and ^(13200)

(3) state, opposite a lot's listing, one-third the estimated cost of the improvement of the street or alley abutting the lot. ^(13201)

(e) On the acceptance and approval of the report, the governing body shall impose the assessment as taxes. After the assessment is imposed, the individual or committee that prepared the report shall give, as may be required by ordinance, notice of the time in which the payment of the assessment is due and shall begin to collect the payment. ^(13202)

(f) The assessment is a lien on the land until it is paid. After an assessment on the land becomes delinquent, the individual or committee that prepared the report on the assessments may seize any part of the land that is sufficient to pay the assessment. The individual or committee shall sell the seized land if the assessment is not paid before the day of the sale. The municipality shall give the same notice of the sale that is required to be given in other sales to collect delinquent taxes. The sale is subject to the same ordinance provisions that govern the name, circumstances, and conditions under which a sale of land may be made and the extent to which a sale may be made to collect delinquent taxes owed the municipality. The individual or committee shall execute a deed to the purchaser at the sale. The deed used in the sale is subject to another statute that governs a deed prepared by an assessor or collector of taxes for a general-law municipality. ^(13203)

(g) The governing body may initiate a suit in the municipality's corporate name to recover from a landowner an assessment. ^(13204)

(h) The governing body may adopt resolutions, ordinances, or regulations necessary to carry out the authority granted by this section. ^(13205)

Sec. 311.096. COST OF SIDEWALK IN TYPE A GENERAL-LAW MUNICIPALITY. ^(13207)(1-click HTML)

(a) The governing body of a Type A general-law municipality may require the owner of a lot, or part of a lot or block, in front of which the municipality constructs a sidewalk to pay the cost of the construction. ^(13208)

(b) If necessary to collect the cost of the construction, the municipality shall sell the lot, or the part of the lot or block, in the manner the governing body of the municipality by ordinance provides. The municipality may keep an amount of the sale proceeds that covers the cost of the construction and the cost of collection. The municipality shall pay to the owner the balance of the sale proceeds. ^(13209)

(c) The sale of the lot, or the part of the lot or block, under this section conveys a good title to the purchaser. ^(13210)

Sec. 311.901. REGULATION OF ANIMALS ON STREET OF TYPE A GENERAL-LAW MUNICIPALITY. ^(13212)(1-click HTML)

(1) prohibit or suppress horse racing on a street or immoderate riding or driving of an animal on a street; or ^(13214)

(2) require a person to fasten in place the person's horse or other animal remaining in a street. ^(13215)

Sec. 311.902. STREET LIGHTING IN TYPE A GENERAL-LAW MUNICIPALITY. ^(13217)(1-click HTML)

(3) exclusively regulate or direct the laying or repairing of gas pipes and gas fixtures in a street, alley, sidewalk, or other place. ^(13221)

Sec. 311.903. STREET WORK REQUIRED OF INHABITANT IN TYPE B GENERAL-LAW MUNICIPALITY. ^(13223)(1-click HTML)

(a) The governing body of a Type B general-law municipality may require the male inhabitants of the municipality who are at least 18 years of age but younger than 46 years of age to work on the streets and public alleys. The period of work may not exceed five days in a year. ^(13224)

(b) Instead of performing the work, a person may furnish a substitute to perform the work or may pay a sum not to exceed $1 for each day of work demanded so that a substitute may be employed. ^(13225)

(c) The requirement does not apply to a minister of the gospel actually engaged in the discharge of the minister's duties. ^(13226)

Sec. 311.904. FORMER PRESIDENT'S STREET IN HOME-RULE MUNICIPALITY. ^(13228)(1-click HTML)

A home-rule municipality, alone or in conjunction with another person, may regulate or restrict access to a street or alley in the municipality on which the dwelling of a former president of the United States is located. This authority includes the authority to install and maintain a fence, gate, or other structure. ^(13229)

CHAPTER 312. CONTROL OF HIGHWAY ASSETS ^(13231)(1-click HTML)

Sec. 312.001. DEFINITIONS. ^(13232)(1-click HTML)

(1) "Highway" includes all or any part of a street, alley, or public place or square that is dedicated to public use. ^(13234)

(A) filling, grading, raising, or paving of a highway in a permanent manner; ^(13236)

(D) constructing of necessary appurtenances to a highway, including sewers and drains. ^(13239)

Sec. 312.002. APPLICABILITY AND ADOPTION OF SUBCHAPTERS. ^(13242)(1-click HTML)

(a) This subchapter and Subchapters B and C apply only to a municipality that has adopted those subchapters as provided by this section. ^(13243)

(b) To adopt the subchapters, the governing body of a municipality must submit the question of the adoption to voters of the municipality at a special election called for that purpose. ^(13244)

(2) shall order the election if the governing body is presented with a petition for an election that is signed by at least 100 of the registered voters of the municipality. ^(13247)

(d) If the majority of the votes cast in the election favor the adoption of the subchapters, the governing body shall enter the result in its minutes. On entry of the result, the subchapters apply to the municipality. A certified copy of the minutes is prima facie evidence of the regularity of the election and its result. ^(13248)

(e) The governing body of a municipality that adopts the subchapters may adopt any ordinance or resolution to implement the subchapters. ^(13249)

Sec. 312.003. HIGHWAY IMPROVEMENT. ^(13251)(1-click HTML)

(2) select the materials and methods to be used in that construction; and ^(13254)

Sec. 312.004. CONFLICT OF LAWS. ^(13257)(1-click HTML)

To the extent of a conflict between this subchapter or Subchapter B or C and a law granting a special charter to a municipality, the provision of the special charter controls. ^(13258)

SUBCHAPTER B. ASSESSMENTS ^(13260)(1-click HTML)

Sec. 312.021. PAYMENT FOR IMPROVEMENT. ^(13261)(1-click HTML)

(a) Payment for an improvement under Subchapter A may be made either entirely by the municipality or partly by the municipality and partly by the owners of the abutting property. ^(13262)

(b) The governing body of a municipality may use any available municipal money to pay the municipality's share of the cost of the improvement. ^(13263)

Sec. 312.022. ASSESSMENT ORDINANCE. ^(13265)(1-click HTML)

(a) The governing body of a municipality by ordinance may assess the cost of an improvement made under Subchapter A against property that abuts and benefits from the improvement or against the owner of the property. ^(13266)

(b) Except as provided by Subsection (c), the governing body may not assess more than three-fourths of the cost of an improvement against properties or property owners. ^(13267)

(c) The entire cost of constructing a curb or sidewalk fronting property may be assessed against the property or its owner. ^(13268)

(2) provide a rate of interest to be paid on the assessment, not to exceed eight percent a year payable on deferred payments; ^(13271)

(4) declare the assessment to be a personal liability of the owner of the assessed property. ^(13273)

(f) An assessment under this section is a lien securing the payment of the assessment. ^(13277)

Sec. 312.023. ASSESSMENT OR TAX AGAINST RAILWAY. ^(13279)(1-click HTML)

(a) The governing body of a municipality may assess against the owner of a railroad that occupies a highway ordered to be improved the entire cost of the improvement made in the area between or under the rails or tracks or in the area extending two feet outside of the rails or tracks. ^(13280)

(b) A municipality by ordinance may impose a special tax on a railway and its roadbed, ties, rails, fixtures, rights, and franchise. ^(13281)

(c) An ordinance that imposes a special tax under this section must describe when the tax is due and delinquent and the method of enforcement. ^(13282)

(d) A tax under Subsection (b) is a lien that is superior to any other lien or claim except a lien or claim for state, county, or municipal taxes. ^(13283)

(1) sale of the property in the manner provided by law in the collection of ad valorem taxes by the municipality; or ^(13285)

Sec. 312.024. CORRECTION OF ERROR; REASSESSMENT. ^(13288)(1-click HTML)

(a) The governing body of a municipality may correct a mistake or irregularity in a proceeding regarding an improvement or in an assessment of the cost of an improvement made against abutting property or its owner. ^(13289)

(b) If an assessment is in error or is not valid, the governing body may reassess the cost of the improvement against abutting property or its owner. A reassessment may not exceed the improvement's benefit in enhanced value to the property. ^(13290)

(c) The governing body may adopt rules for giving notice to a property owner before a reassessment and for holding a hearing before a reassessment. ^(13291)

SUBCHAPTER C. HEARING; APPEAL; PROPERTY LIEN ^(13293)(1-click HTML)

Sec. 312.041. HEARING REQUIRED. ^(13294)(1-click HTML)

(a) An assessment against property abutting an improvement or against the owner of the property may be made under Subchapter B only after the property owner has a full hearing. ^(13295)

(b) Reasonable notice of the hearing shall be given to the property owner or the owner's agent or attorney. ^(13296)

(c) Notice of the hearing shall be published at least three times in a newspaper published in the municipality in which the assessment is to be made. If that municipality does not have a newspaper, notice shall be published in the newspaper that is published nearest to the municipality and that is of general circulation in the county in which the municipality is located. ^(13297)

(d) The first publication of the notice shall be made not later than the 10th day before the date of the hearing. ^(13298)

(e) If the owner of the property is a railway, written notice of the assessment and hearing shall be: ^(13299)

(2) mailed postage paid at a post office in the municipality and properly addressed to the office of the railway at the address shown on the last approved municipal tax roll. ^(13301)

(f) Notice required by Subsection (e) shall be mailed or delivered not later than 10 days before the date of the hearing. ^(13302)

(g) The governing body of the municipality may provide notice in addition to the notice required by this section. ^(13303)

Sec. 312.042. HEARING. ^(13305)(1-click HTML)

(a) A hearing under this subchapter shall be before the governing body of the municipality. ^(13306)

(b) An owner of property abutting a proposed improvement is entitled to contest at the hearing: ^(13307)

(2) the regularity of the proceedings regarding the proposed improvement; ^(13309)

(3) the benefit of the proposed improvement to the owner's property; or ^(13310)

(c) The amount of an assessment may not exceed the benefit the property owner receives in enhanced value to the property. ^(13312)

(d) The enhanced value to the property shall be determined at the hearing. ^(13313)

Sec. 312.043. NOTICE AND HEARING: RULES. ^(13315)(1-click HTML)

The governing body of a municipality by ordinance shall adopt rules providing for giving notice and hearing as provided by this subchapter. ^(13316)

Sec. 312.044. NO LIEN ON EXEMPT PROPERTY; LIABILITY OF OWNER. ^(13318)(1-click HTML)

(a) This chapter does not authorize a municipality to create a lien by assessment against property that by law is exempt from sale under execution. ^(13319)

(b) The owner of exempt property is personally liable for an assessment for the cost of an improvement fronting the property. ^(13320)

(c) The omission of an improvement fronting exempt property does not invalidate an assessment lien made against nonexempt property on the improved highway. ^(13321)

Sec. 312.045. RIGHT TO APPEAL. ^(13323)(1-click HTML)

(a) A property owner against whose property or against whom the assessment has been made may bring suit to set aside or correct the assessment or any proceeding related to the assessment. The suit or proceeding must be brought not later than the 20th day after the date on which an assessment is made. ^(13324)

(b) After the period provided by Subsection (a), the property owner and the property owner's successors are barred from: ^(13325)

(1) any action to set aside or correct the assessment or a related proceeding; and ^(13326)

(2) raising a defense that alleges the invalidity of the assessment or of a related proceeding in any action in which the invalidity may be raised. ^(13327)

Sec. 312.046. ENFORCEMENT OF ASSESSMENT LIEN AND LIABILITY. ^(13329)(1-click HTML)

(a) An assessment lien created against property or the personal liability of the property owner may be enforced by suit or by sale of the assessed property in the manner provided by law for the collection of municipal ad valorem taxes. ^(13330)

(b) A recital in a deed to property sold under Subsection (a) that all legal prerequisites to the assessment and sale of the property have been performed is prima facie evidence that the procedures and prerequisites were performed as stated. ^(13331)

(2) superior to any other lien or claim except a lien or claim for state, county, or municipal taxes. ^(13334)

Sec. 312.047. ASSESSMENT CERTIFICATE. ^(13336)(1-click HTML)

(1) issue in its name an assignable certificate that declares the liability of the owner and the assessed property; and ^(13338)

(b) A recital in a certificate that states that the procedure for making the improvement was in compliance with law and that all prerequisites to creating the assessment lien on the property and to creating the personal liability of the property owner were performed is prima facie evidence that the procedure and prerequisites were performed as stated in the certificate. ^(13340)

SUBCHAPTER D. SPECIAL ASSESSMENT ^(13342)(1-click HTML)

Sec. 312.061. DEFINITION. ^(13343)(1-click HTML)

In this subchapter, "improvement" means the opening, straightening, widening, paving, constructing, or grading of a street, alley, sidewalk, gutter, or public way. ^(13344)

Sec. 312.062. ASSESSMENT FOLLOWING VOID OR ERRONEOUS ASSESSMENT. ^(13346)(1-click HTML)

(a) The governing body of a municipality may assess property that abuts an improvement with the amount of the cost of the improvement if for any reason none of the cost of the improvement has been borne by the abutting property or its owner either because an attempted assessment and enforcement of the assessment was erroneous or void or was declared erroneous or void in a judicial proceeding and if: ^(13347)

(2) a municipal voucher or certificate has been issued to a contractor; or ^(13349)

(b) The assessment may not exceed the special benefit the property receives in enhanced value to the property. ^(13351)

(c) The amount of the special benefit is to be determined on a basis of the condition of the improvement at the time of the assessment. ^(13352)

Sec. 312.063. NOTICE OF ASSESSMENT. ^(13354)(1-click HTML)

(a) An assessment may be made under this subchapter only if at least 10 days' written notice and an opportunity to be heard on the question of special benefits has been given to the owner of the property abutting the improvement. ^(13355)

(b) Notice under this section may be served personally or by publication in a newspaper of general circulation published in the municipality. ^(13356)

(c) If the owner of the property abutting the improvement is a railway and the property is assessed for improvements, notice shall be given by publication and by written notice delivered in person to the local agent of the railway or mailed postage paid at a post office in the municipality and properly addressed to the office of the railway at the address as shown on the last approved municipal tax roll. ^(13357)

(d) The governing body of the municipality may provide for the procedure and rules: ^(13358)

Sec. 312.064. ASSESSMENT LIEN AND LIABILITY. ^(13363)(1-click HTML)

(a) An assessment under this subchapter is payable in not less than five equal, annual installments. ^(13364)

(b) An assessment under this subchapter is a lien against the abutting property and is a personal liability of the owner of the abutting property. The assessment may not be construed as becoming due before the assessment is properly made in accordance with this subchapter. ^(13365)

Sec. 312.065. TIME LIMIT ON ASSESSMENT. ^(13367)(1-click HTML)

(a) A proceeding to assess property under this subchapter may not be started later than three years after the date on which the improvement abutting the property that is to be assessed is completed. ^(13368)

(b) If an original assessment on property has been in litigation, the time that the assessment was in litigation may not be computed in the time limit for assessment under Subsection (a). ^(13369)

Sec. 312.066. ASSESSMENTS IN CERTAIN MUNICIPALITIES. ^(13371)(1-click HTML)

(a) The amount of an assessment made by the governing body of a municipality with fewer than 5,000 inhabitants may equal the entire cost of a sidewalk, curb, gutter, or improvement other than a street intersection. ^(13372)

(b) The governing body of a municipality making an assessment under this section shall follow applicable procedures in Section 311.095. ^(13373)

(c) The amount of an assessment may not exceed the special benefit the property receives in enhanced value to the property. ^(13374)

(d) An assessment under this section may be made only after the owner of the abutting property has: ^(13375)

(2) the opportunity to contest the assessment before the governing body of the municipality. ^(13377)

(e) The governing body of the municipality may by ordinance adopt rules for the notice and opportunity to contest an assessment under this section. ^(13378)

Sec. 312.067. RIGHT TO APPEAL. ^(13380)(1-click HTML)

(a) A property owner against whose property or against whom an assessment has been made may appeal to a court the decision of the governing body of the municipality. The appeal must be brought not later than the 20th day after the date on which an assessment is made. ^(13381)

(b) An assessment becomes final at the end of the period provided for appeal if an appeal is not brought. ^(13382)

CHAPTER 313. STREET IMPROVEMENTS AND ASSESSMENTS IN CERTAIN MUNICIPALITIES ^(13384)(1-click HTML)

Sec. 313.001. DEFINITIONS. ^(13385)(1-click HTML)

(1) "Cost" includes an expense of engineering and other expense incident to construction of an improvement. ^(13387)

(3) "Highway" includes any part of a street, alley, public place, or square, including a part left wholly or partly unimproved in connection with another street improvement. ^(13389)

(A) filling, grading, raising, paving, or repairing a highway in a permanent manner; ^(13391)

(B) constructing, realigning, or repairing a curb, gutter, or sidewalk; ^(13392)

(D) an appurtenance or incidental to an improvement, including a drain or culvert. ^(13394)

Sec. 313.002. APPLICABILITY OF CHAPTER. ^(13396)(1-click HTML)

This chapter applies only to a municipality that has a population of more than 1,000. ^(13397)

Sec. 313.003. GENERAL POWERS OF GOVERNING BODY. ^(13399)(1-click HTML)

(1) determine the necessity for and order the improvement of a highway in the municipality; ^(13401)

(2) contract for the construction of the improvement in the name of the municipality; and ^(13402)

(3) provide for the payment of the cost of the improvement by the municipality or partly by the municipality and partly by assessments as provided by this chapter. ^(13403)

(b) The governing body by resolution, motion, order, or ordinance may exercise a power granted by this chapter unless this chapter specifically prescribes that the governing body act by ordinance. ^(13404)

SUBCHAPTER B. IMPROVEMENTS ^(13410)(1-click HTML)

Sec. 313.021. HIGHWAY IMPROVEMENTS AUTHORIZED. ^(13411)(1-click HTML)

(b) A municipality that has a population of more than 285,000 may make an improvement on a highway outside the municipality's limits if the improvement does not extend more than 150 feet from the municipal limits. ^(13413)

Sec. 313.022. CONTRACT FOR IMPROVEMENT OF BOUNDARY HIGHWAY. ^(13415)(1-click HTML)

(a) A municipality may contract with another municipality for one municipality to make an improvement to a part of a highway as provided by this chapter and for the other to pay a part of the cost of the improvement if: ^(13416)

(1) the boundary between the municipalities is on or along the highway or the edge of the highway; and ^(13417)

(2) the governing bodies of the municipalities determine the improvement is necessary. ^(13418)

(b) Either municipality may use its money for the improvement under the contract without regard to whether the highway is within the municipality's limits. ^(13419)

Sec. 313.023. PAYMENT FOR IMPROVEMENT. ^(13421)(1-click HTML)

Payment for an improvement under this chapter may be paid entirely by the municipality or may be paid partly by the municipality and partly by property abutting the part of the highway ordered to be improved and the owners of that property. ^(13422)

Sec. 313.024. ESTIMATE OF COST. ^(13424)(1-click HTML)

If part of the cost of an improvement is to be paid by the property abutting the part of the highway to be improved and the owner of the property, the governing body shall prepare an estimate of the cost of the improvement before the improvement is constructed and before the hearing provided by Section 313.048 is held. ^(13425)

SUBCHAPTER C. ASSESSMENTS ^(13427)(1-click HTML)

Sec. 313.041. DEFINITION. ^(13428)(1-click HTML)

In this subchapter, "railway" includes a street railway and an interurban. ^(13429)

Sec. 313.042. ASSESSMENT ORDINANCE. ^(13431)(1-click HTML)

(a) The governing body of a municipality by ordinance may assess the cost of an improvement under this chapter against property that abuts the highway or part of the highway the municipality orders to be improved and against the owner of the property. ^(13432)

(b) Except as provided by Subsection (c), the governing body may not assess more than nine-tenths of the estimated cost of an improvement against properties or their owners. ^(13433)

(c) The entire cost of constructing, repairing, or realigning a curb, gutter, or sidewalk may be assessed against the property and its owner. ^(13434)

(2) prescribe the rate of interest to be paid on the assessment, not to exceed the greater of: ^(13437)

(B) the rate payable by the municipality on its most recently issued general obligation bonds, determined as of the date of the notice provided by Section 313.047. ^(13439)

(1) a lien on the property that is superior to any other lien or claim except a lien or claim for ad valorem taxes; and ^(13441)

(2) a personal liability and charge against the owner of the property, regardless of whether the owner is named. ^(13442)

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 827, Sec. 2, eff. Sept. 1, 2001. ^(13443)

Sec. 313.043. ASSESSMENT AGAINST PARCELS OWNED JOINTLY. ^(13444)(1-click HTML)

(a) A single assessment may be made against multiple parcels of property owned by the same person. ^(13445)

Sec. 313.044. ASSESSMENT APPORTIONED UNDER FRONT FOOT RULE UNLESS INEQUITABLE. ^(13448)(1-click HTML)

(a) A cost of an improvement that is assessed against abutting property and the owners of the property shall be apportioned among the parcels of abutting property and the owners of the property in accordance with the front foot rule. ^(13449)

(b) If, in the opinion of the governing body, the application of the front foot rule in a particular case would result in injustice or inequality, the governing body shall apportion and assess the costs in the proportion it determines just and equitable, considering: ^(13450)

(1) the special benefit the property and the owner receive in enhanced value to the property; ^(13451)

(3) the adjustment of the apportionment so as to produce a substantial equality of benefits received and burdens imposed. ^(13453)

(c) The entirety of a parcel of real property abutting the highway proposed for assessment is subject to the assessment irrespective of subdivision or partial sale after the date on which the notice was mailed if: ^(13454)

(2) the municipality has delivered to the county clerk for recording a notice of the proposed assessment that describes, or describes by reference, each abutting parcel. ^(13456)

Sec. 313.045. ASSESSMENT OR TAX ON RAILWAYS FOR CERTAIN IMPROVEMENTS. ^(13458)(1-click HTML)

(a) The governing body of a municipality may assess against a railway that uses, occupies, or crosses a highway the cost of a highway improvement in the area between, under, or in the area extending two feet outside of the railway's rails, tracks, double tracks, turn outs, or switches. ^(13459)

(b) The governing body by ordinance may impose a special tax on the railway and its roadbed, ties, rails, fixtures, rights, and franchises. ^(13460)

(c) The tax imposed under Subsection (b) is a lien on the railway and its roadbed, ties, rails, fixtures, rights, and franchises that is superior to any other lien or claim except county or municipal ad valorem taxes. ^(13461)

(1) sale of the property in the manner provided by law for the collection of ad valorem taxes by the municipality; or ^(13463)

(e) The ordinance imposing the special tax must prescribe the terms of payment of the tax. ^(13465)

(2) the rate payable by the municipality on its most recently issued general obligation bonds, determined as of the date of the notice provided by Section 313.047. ^(13468)

(g) If the special tax imposed under Subsection (b) is not paid when due, the municipality may collect the tax, interest, expenses of collection, and reasonable attorney's fees, if incurred. ^(13469)

(h) The governing body may issue assignable certificates in evidence of an assessment as provided by Section 313.052. ^(13470)

Sec. 313.046. ASSESSMENT FOR IMPROVEMENT OF BOUNDARY HIGHWAY. ^(13472)(1-click HTML)

(a) If part of the boundary of a municipality is on or along a highway, the municipality may improve that part of the highway and assess a part of the cost of the improvement against the abutting property on both sides of the highway as provided by Section 313.048. ^(13473)

(b) If the highway is wholly or partly in another municipality, the improvement and assessments are subject to consent of the governing body of the other municipality. ^(13474)

(c) An assessment imposed under Section 313.048 against abutting property that is in a municipality other than the municipality initiating the improvement is valid only if the governing body of the other municipality by ordinance or resolution ratifies the assessment. ^(13475)

(d) A person who owns or claims the abutting property has, in addition to the right of appeal provided by Section 313.049, the right of appeal from an assessment for 15 days after the date the ratifying ordinance or resolution is adopted by the governing body of the other municipality. ^(13476)

(e) If the governing body of the other municipality does not ratify the assessment within 30 days after the date of the ordinance or resolution imposing the assessment, the municipality that initiated the improvement may repeal and annul all of the assessment proceedings, including a contract for the improvement. ^(13477)

(f) The failure of the governing body of the other municipality to ratify an assessment does not affect the validity of an assessment imposed against property that is in the municipality that initiated the improvement. ^(13478)

Sec. 313.047. NOTICE OF HEARING ON ASSESSMENT. ^(13480)(1-click HTML)

(a) An assessment may be made against an abutting property or its owner or against a railway or its owner only after notice and opportunity for hearing as provided by this section and Section 313.048. ^(13481)

(b) Notice of the hearing shall be published at least three times in a newspaper published in the municipality in which the assessment tax is to be imposed. If the municipality does not have a newspaper, the notice shall be published in the newspaper that is published nearest to the municipality and that is of general circulation in the county in which the municipality is located. ^(13482)

(c) The first publication of the notice shall be made not later than the 21st day before the date of the hearing. ^(13483)

(d) In addition to the notice required by Subsection (c), written notice of the hearing shall be given by mail, postage prepaid, deposited at least 14 days before the date of the hearing, and addressed to the owners of the properties abutting the part of the highway to be improved, as the names and addresses of the owners are shown on the rendered tax roll of the municipality. If the names of the respective owners do not appear on the rendered tax roll, the notice shall be addressed to the owners as their names and addresses are shown on the unrendered tax roll of the municipality. ^(13484)

(e) If a special tax is proposed to be imposed against a railway that uses, occupies, or crosses a part of a highway to be improved, the additional notice shall be given by mail, postage prepaid, deposited at least 14 days before the date of the hearing, and addressed to the railway as shown on the rendered tax roll of the municipality. If the name of the railway does not appear on the rendered tax roll of the municipality, the notice shall be addressed to the railway as its name and address are shown on the unrendered tax roll of the municipality. ^(13485)

(f) The notice is sufficient, valid, and binding on each person who owns or claims an interest in the property or the railway if the notice: ^(13486)

(1) describes in general terms the nature of the improvement for which the proposed assessment is to be imposed; ^(13487)

(3) states the estimated amount per front foot proposed to be assessed against the owners of abutting property and the property on which the hearing is to be held; ^(13489)

(4) states the estimated total cost of the improvement on each part of the highway; ^(13490)

(5) states the amount proposed to be assessed for the improvements proposed to be constructed in part of the area between, under, and two feet outside of rails, tracks, double tracks, turnouts, or switches of a railway; and ^(13491)

(h) If an owner of property abutting a part of a highway proposed to be improved is listed as "unknown" on the municipal tax roll or if the name of an owner is shown on the municipal tax roll but no address for the owner is shown, it is not necessary to mail a notice. If the owner is shown as an estate, the notice may be mailed to the address of the estate. ^(13494)

Sec. 313.048. HEARING. ^(13496)(1-click HTML)

(a) A hearing under this subchapter shall be before the governing body of the municipality. ^(13497)

(b) The owner of property abutting a proposed improvement or the owner of an affected railway is entitled to: ^(13498)

(1) be heard on any matter for which a hearing is a constitutional prerequisite to the validity of an assessment under this chapter; and ^(13499)

(C) the special benefit of the proposed improvement to the abutting property and the owner of the abutting property; and ^(13503)

(D) the accuracy, sufficiency, regularity, or validity of the proceedings or contract for the improvement and proposed assessment. ^(13504)

(5) by ordinance, end the hearing and impose the assessment before, during, or after the construction of the improvement. ^(13510)

(1) exceed the enhanced value to the property as determined at the hearing; or ^(13512)

(2) be made to mature before the municipality accepts the improvement for which the assessment is imposed. ^(13513)

Sec. 313.049. APPEAL OF ASSESSMENT. ^(13515)(1-click HTML)

(a) A person who owns or claims an interest in assessed property or in an assessed railway may bring suit to contest: ^(13516)

(2) an inaccuracy, irregularity, invalidity, or insufficiency of the proceedings or contract relating to the assessment or the improvements; or ^(13518)

(b) The suit must be brought not later than the 15th day after the date the assessment is imposed. ^(13520)

(2) is barred from contesting or questioning in any manner or for any reason: ^(13523)

(B) the amount, accuracy, validity, regularity, or sufficiency of the assessment; ^(13525)

(d) This section applies to an assessment made under Section 313.048 or 313.050. ^(13528)

Sec. 313.050. CORRECTION OF ASSESSMENTS. ^(13530)(1-click HTML)

If an assessment is determined to be invalid or unenforceable, the governing body of the municipality may: ^(13531)

(2) correct any mistake or irregularity in connection with the assessment; and ^(13533)

(3) at any time, make and impose a subsequent assessment after notice and hearing as nearly as possible in the manner this chapter provides for an original assessment and subject to the provisions of this chapter regarding special benefits. ^(13534)

Sec. 313.051. NO LIEN ON EXEMPT PROPERTY; LIABILITY OF OWNER. ^(13536)(1-click HTML)

(a) This chapter does not authorize a lien against an interest in property that, at the time an improvement is ordered, is exempt from any lien created by an assessment for a street improvement. ^(13537)

(b) Notwithstanding Subsection (a), the owner of exempt property is personally liable for an assessment in connection with the property. ^(13538)

(c) The omission of an improvement fronting exempt property does not invalidate the lien or liability for an assessment made against nonexempt property. ^(13539)

Sec. 313.052. ASSESSMENT CERTIFICATES. ^(13541)(1-click HTML)

(a) The governing body may issue in the name of the municipality an assignable certificate to evidence an assessment imposed. The certificate may declare the lien on the property and the liability of the owner of the property regardless of whether the owner is correctly named. The governing body may determine the terms of the certificate. ^(13542)

(b) A recital in a certificate that states substantially that the procedure for making the improvement was in compliance with law and that all prerequisites to creating the assessment lien on the property the certificate describes and to creating the personal liability of the property owner were performed is prima facie evidence of those matters. ^(13543)

(c) Subsection (b) applies to a recital in a certificate that evidences an assessment under Section 313.048 or 313.050. ^(13544)

Sec. 313.053. CHANGES IN PROCEEDINGS; PROCEDURE. ^(13546)(1-click HTML)

(a) The governing body of a municipality may change a plan, method, or contract for an improvement or other proceeding related to a plan, method, or contract for an improvement. ^(13547)

(b) A change that substantially affects the nature or quality of an improvement may not be made unless the governing body determines, by a two-thirds vote, that it is impractical to proceed with the improvement. ^(13548)

(c) If a substantial change is made after a hearing has been ordered or held, the governing body, in the same manner and with the same effect as provided for an original notice and hearing, shall: ^(13549)

(d) If an improvement is abandoned, the new estimate, hearing, and notices are not required. ^(13553)

(e) A change in or abandonment of an improvement must be with the consent of the person who contracted with the municipality for the construction of the improvement. ^(13554)

(f) If an improvement is abandoned, a municipality shall adopt an ordinance that has the effect of canceling: ^(13555)

Sec. 313.054. ENFORCEMENT OF ASSESSMENT; PRIORITY OF LIEN; DEFENSES. ^(13559)(1-click HTML)

(1) is collectible with interest, expense of collection, and reasonable attorney's fees, if incurred; ^(13561)

(2) is a first and prior lien on the property on which the lien is created from the date the municipality orders the improvement; and ^(13562)

(3) is superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes. ^(13563)

(b) A lien against property or the personal liability of a property owner that arises from an assessment made under this subchapter may be enforced by: ^(13564)

(2) sale of the property assessed in the manner provided by law for sale of property for municipal ad valorem taxes. ^(13566)

(c) In a suit on an assessment for which a certificate has been issued, it is sufficient to allege the substance of the recitals in the certificate and that the recitals are true. Additional allegations about the assessment proceedings are not necessary in the suit. ^(13567)

Sec. 313.055. CHAPTER NOT AFFECTED BY STATEMENTS OR ACTIONS OF MUNICIPAL OFFICERS OR EMPLOYEES. ^(13575)(1-click HTML)

Nothing said or done by an employee or officer of a municipality, including a member of the governing body of the municipality, as shown in the municipality's written proceedings and other records, affects this chapter. ^(13576)

CHAPTER 314. PURCHASE OR CONDEMNATION OF PROPERTY FOR HIGHWAYS BY CERTAIN MUNICIPALITIES ^(13578)(1-click HTML)

Sec. 314.001. APPLICABILITY. ^(13579)(1-click HTML)

This chapter applies only to a municipality with a population of more than 1,000. ^(13580)

SUBCHAPTER B. AUTHORITY TO PURCHASE OR CONDEMN PROPERTY ^(13582)(1-click HTML)

Sec. 314.011. ACQUISITION OF PROPERTY FOR HIGHWAY IMPROVEMENTS BY MUNICIPALITY. ^(13583)(1-click HTML)

(a) The governing body of a municipality may purchase or condemn property to lay out, construct, improve, or extend any highway within its boundaries. ^(13584)

(b) Costs incurred in making improvements, including the costs of purchase or condemnation of or damage to property and the costs of making assessments or issuing certificates under this chapter, may be paid from any municipal fund available for that purpose. ^(13585)

(c) A municipality may sell property originally purchased for improvements but not used for the improvements on the terms it considers appropriate. The proceeds from the sale shall be deposited in a fund that may be used only to pay for costs described by Subsection (b). ^(13586)

(d) In this section, "highway" includes any street, alley, public place, or square dedicated to public use. ^(13587)

Sec. 314.012. RESOLUTION. ^(13589)(1-click HTML)

(a) A governing body that determines to proceed under this chapter shall declare its determination by resolution that may: ^(13590)

(1) state the nature, extent, and limits of the improvement to be made; and ^(13591)

(c) Passage of the resolution is conclusive evidence of the public use and necessity of the proposed improvement. ^(13598)

Sec. 314.013. SURVEY. ^(13600)(1-click HTML)

(a) On passage of the resolution, the municipal engineer or engineer designated by the governing body shall prepare and submit to the governing body: ^(13601)

(C) the property through which the improvements are to be extended and that is to be condemned for the improvements; and ^(13605)

(b) The governing body shall examine the plat and report and correct any errors. An error or omission does not invalidate the plat or report or a subsequent proceeding held under the plat or report. ^(13609)

SUBCHAPTER C. PROCEDURE ^(13611)(1-click HTML)

Sec. 314.021. APPOINTMENT OF CONDEMNATION COMMISSION. ^(13612)(1-click HTML)

(a) In addition to qualifying under Section 21.014(a), Property Code, a member of a condemnation commission must be a qualified voter. ^(13613)

(b) If a commissioner dies, becomes disabled, refuses to act, becomes incapacitated, or is absent for more than 30 days from the county, the judge shall promptly, in term time or vacation, appoint a new commissioner having the qualifications prescribed by Subsection (a). An action of the commission taken before the vacancy is valid. After the vacancy is filled, the commission shall proceed and take all actions provided by this chapter as if a vacancy had not occurred. ^(13614)

(c) A commissioner is entitled to receive as compensation not more than $10 for each day the commissioner is employed in the performance of the commissioner's duties. ^(13615)

Sec. 314.022. NOTICE OF CONDEMNATION. ^(13617)(1-click HTML)

(a) The commission or the clerk, secretary, or recording officer of a municipality shall give written notice of a hearing before the commission to: ^(13618)

(b) In addition to the requirements of Section 21.016(a), Property Code, the notice may contain: ^(13621)

(1) a brief statement of the nature and extent of the proposed improvement; and ^(13622)

(d) Notice of the hearing shall be given by publication for not less than three days in a newspaper of general circulation in the county in which the property is located beginning not later than the 10th day before the date of the hearing. ^(13629)

(e) Notice by publication is valid and binding on each owner or other person with an interest in or lien on the property if it generally notifies the person to appear and be heard without specifically designating the person by name. An error in the name of a person to whom the notice is directed does not invalidate the notice. ^(13630)

(1) each owner, lienholder, or interested party who is a resident of the county where the property is located; ^(13632)

(g) The person serving the notice shall make a written return on the notice stating when and how the person served the notice. ^(13635)

(h) The governing body may provide for additional notice, but notice by publication is valid and binding regardless of whether any other notice is given. ^(13636)

(i) The governing body may provide for as many hearings in the course of condemnation proceedings as it determines necessary for whatever purposes it determines necessary. ^(13637)

(j) A notice and a return of a notice shall be filed with the municipality. ^(13638)

Sec. 314.023. HEARING ON CONDEMNATION. ^(13640)(1-click HTML)

(a) Each owner, lienholder, or other interested party is entitled to appear at the hearing in person or by agent and be heard regarding: ^(13641)

(2) the damages to property not condemned resulting from the improvement; ^(13643)

(c) The commission may not close the hearing until all interested parties appearing have been heard. At the conclusion of the hearing, the commission shall: ^(13647)

(1) determine the damages due the owners, lienholders, or other interested parties for property taken or damaged; ^(13648)

(2) apportion the damages determined under Subdivision (1) among the owners, lienholders, or other interested parties; ^(13649)

(4) file one copy of the report with the clerk, secretary, or recording officer of the municipality and the second copy with the clerk of the court that appointed the commission. ^(13651)

(d) The governing body may record in its minutes the following items relating to a condemnation proceeding: ^(13652)

(e) A record made under Subsection (d) or a certified copy of the record is prima facie evidence of the facts in the record. ^(13657)

Sec. 314.024. OBJECTIONS. ^(13659)(1-click HTML)

(a) Not later than the 10th day after the date the commission files a report under Section 314.023 with the court, a party affected by the decision of the commission may file with the court an objection to the decision. ^(13660)

(1) the determinations of the commission become final and binding on the parties and their heirs, successors, and assigns and may not subsequently be questioned in any proceeding; and ^(13662)

(2) the judge shall enter the report in the records of the court and adopt the report as the court's. ^(13663)

Sec. 314.025. LAW APPLICABLE. ^(13666)(1-click HTML)

Except as otherwise provided by this chapter, Chapter 21, Property Code, applies to proceedings under this chapter. ^(13667)

Sec. 314.026. ERRORS. ^(13669)(1-click HTML)

The governing body, the condemnation commission, and the judge before whom a condemnation proceeding is pending shall take all appropriate actions to correct any error or invalidity in the proceeding. An error or omission in a proceeding does not invalidate the proceeding, but a proceeding may be corrected, repeated, or adjourned until the correction is made or omission supplied. ^(13670)

SUBCHAPTER D. ASSESSMENTS ^(13672)(1-click HTML)

Sec. 314.041. ASSESSMENTS. ^(13673)(1-click HTML)

(a) Except as provided by this section, the governing body may by resolution order an assessment to pay all or part of the costs of making an improvement as described by Section 314.011(b), with reasonable attorney's fees and the costs incurred in making the assessment, against the owner and property if the property is: ^(13674)

(d) In making an assessment, the governing body may not include the cost of property purchased but not actually used for making the improvement. ^(13681)

(1) property or its owner in excess of the special benefit to the property in the enhanced value of the property resulting from the improvement; or ^(13683)

(f) The owner of property exempt from assessment under Subsection (e)(2): ^(13685)

(1) shall be assessed an amount equal to the amount the assessment would have been if the property were not exempt; and ^(13686)

Sec. 314.042. NOTICE TO OWNER OF ASSESSMENT. ^(13689)(1-click HTML)

(a) An assessment may not be made against the property benefited or the owners of the property until after the owners, lienholders, and other interested parties are given a reasonable opportunity to be heard before the governing body or before the commission as provided by Section 314.047. ^(13690)

(b) The governing body or commission shall publish three times before the hearing reasonable notice of the hearing in a newspaper of general circulation in the municipality beginning not later than the 10th day before the date of the hearing. ^(13691)

(c) If an owner is a railway or street railway, the governing body or commission shall also give, not later than the 10th day before the date of the hearing, written notice: ^(13692)

(2) by mailing the notice through the post office in the municipality to the address of the office of the railway or street railway as it appears on the most recent tax roll of the municipality. ^(13694)

(d) The name of an owner, lienholder, or other interested party need not be specifically set out in the notice required by Subsection (b) or (c), but the real property proposed to be assessed shall be briefly described in the notice by: ^(13695)

(4) reference to a plat, report, or record filed in connection with the proceedings; or ^(13699)

(e) The governing body or commission may give notice in addition to the notice required by Subsections (b) and (c), but the notice required by those subsections is sufficient. ^(13701)

Sec. 314.043. NOTICE TO COUNTY CLERK OF ASSESSMENT. ^(13703)(1-click HTML)

(a) A governing body that proposes to assess property abutting an improvement shall file notice with the county clerk of each county in which the property is located. The notice must be signed in the name of the municipality by its clerk, secretary, or mayor or the officer performing the duties of the clerk, secretary, or mayor. ^(13704)

(1) show substantially that the governing body has determined it necessary that the street be improved; ^(13706)

(A) the street and the names of the two cross streets or other approximate lengthwise limits between which the street is to be or has been improved or otherwise identify or designate the street and the portion of the street to be improved; and ^(13708)

(B) the subdivision and affected blocks if the street abuts a subdivision for which a plat has been recorded in the county clerk's office; and ^(13709)

(3) state that a portion of the cost of the improvement is to be or has been specifically assessed as a lien on property abutting the street. ^(13710)

(d) A governing body that proposes to assess property not abutting the improvement shall file a notice signed as required by Subsection (a) with the clerk of each county where the property is located. ^(13712)

(1) designate the property proposed to be assessed or the district within which assessments have been or may be made; or ^(13714)

(2) otherwise identify the property against which a lien is proposed to be assessed. ^(13715)

(f) A notice required by Subsection (a) or (d) need not give details or be sworn to or acknowledged. The notice may be filed at any time, and the county clerk with whom the notice is filed shall: ^(13716)

(1) record the notice in the same class of records as a mortgage or deed of trust; and ^(13717)

(2) index the notice in the name of the municipality and in the name or other designation of the street to which the notice relates. ^(13718)

(h) In this section, "street" includes any part of a street, alley, highway, public place, or square. ^(13720)

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 827, Sec. 3, eff. Sept. 1, 2001. ^(13721)

Sec. 314.044. HEARING ON ASSESSMENT. ^(13722)(1-click HTML)

(a) At a hearing under Section 314.042(a), an owner, lienholder, or other interested party may: ^(13723)

(1) object in writing to an assessment, special benefit to the property, invalidity of the assessment, or any prerequisite to the assessment; and ^(13724)

(b) The governing body or the commission shall determine the amounts, if any, to be assessed. ^(13726)

Sec. 314.045. LIEN. ^(13728)(1-click HTML)

(a) An assessment creates a lien on property prior to all other liens except a lien for ad valorem taxes. ^(13729)

(b) The lien takes effect on the filing of the notice provided by Section 314.043(a) or (d). ^(13730)

Sec. 314.046. ASSESSMENTS LEVIED. ^(13732)(1-click HTML)

(1) be made payable in not more than 16 installments maturing within 15 years; and ^(13735)

Sec. 314.047. HEARING ON ASSESSMENT BEFORE CONDEMNATION COMMISSION. ^(13738)(1-click HTML)

(a) The governing body may provide that the condemnation commissioners hold the hearing required under Section 314.042(a). ^(13739)

(2) has the powers and duties conferred by this chapter on the governing body except as otherwise provided by this chapter. ^(13742)

(c) At the conclusion of the hearing, the commission shall report in writing its findings to the governing body. The governing body shall: ^(13743)

(1) examine the report and, if it finds the report to be correct, approve the report; and ^(13744)

(2) make an assessment in the proper amount against property and the owner of property found to be benefited by the improvement. ^(13745)

Sec. 314.048. CERTIFICATES. ^(13747)(1-click HTML)

(1) issue assignable certificates payable to the municipality or the purchaser of the certificates stating the liability of the property and the owner of the property for the payment of assessments; and ^(13749)

(2) set the terms of the certificates, including the time of payment, conditions of default, and date of maturity. ^(13750)

Sec. 314.049. ENFORCEMENT OF ASSESSMENT. ^(13752)(1-click HTML)

(1) suit brought by the municipality for the benefit of a holder and owner of an assessment or a certificate issued on the assessment; ^(13754)

(2) suit brought by a holder and owner of an assessment or a certificate issued on the assessment; or ^(13755)

(3) sale of the assessed property in the same manner as nearly as possible as the sale of real property for municipal taxes. ^(13756)

Sec. 314.050. SUIT ON CERTIFICATE. ^(13758)(1-click HTML)

In a suit to enforce a certificate issued under Section 314.048, the recitals of the certificate are sufficient to allege the proceedings of the governing body in making the improvements, the assessment for the improvements, and all prerequisites to the assessment. The allegations contained in the recitals need not be stated in the pleadings. ^(13759)

Sec. 314.051. REASSESSMENTS. ^(13761)(1-click HTML)

(a) An error in a proceeding under this chapter, the description of property, or the name of the owner does not invalidate an assessment, and an assessment is in effect against the property and the owner of the property. ^(13762)

(b) A governing body that is advised of an error shall correct the error. ^(13763)

(c) At the request of an interested party, the governing body shall, after notice and hearing that comply with this chapter, reassess an owner or property erroneously assessed in accordance with special benefits as provided by this chapter as to original assessments. The governing body may set the terms of payment of a reassessment and may issue assignable certificates evidencing the reassessment in the same manner as for an original assessment. ^(13764)

(d) The governing body may not make a reassessment later than six years after the date of the ordinance making the original assessment. If the reassessment is contested in an action at law, the time consumed in the action is not included in computing the six years. ^(13765)

(e) In making a reassessment, the governing body is not required to repeat an action relating to the original assessment, except as required by Subsection (c). ^(13766)

Sec. 314.052. DEFICIENCY ASSESSMENTS. ^(13768)(1-click HTML)

(a) If, after an assessment is made under this chapter, the amount assessed and apportioned is insufficient to defray all the costs of an improvement: ^(13769)

(1) the governing body may assess the deficiency against property specially benefited and the owners of the property and apportion the deficiency among them, after notice and hearing as provided by this chapter and after complying with each provision of this chapter applicable to original assessments; or ^(13770)

(2) a deficiency assessment may be made after notice and hearing before the commission in the manner provided by Section 314.047. ^(13771)

(b) A municipality may issue assignable certificates evidencing the deficiency assessment. ^(13772)

Sec. 314.053. SUIT TO SET ASIDE OR CORRECT ASSESSMENT OR REASSESSMENT. ^(13774)(1-click HTML)

(a) A suit to set aside or correct an assessment or reassessment or a proceeding relating to the assessment or reassessment because of an error or invalidity in the assessment or reassessment must be brought by a property owner against whom or whose property an assessment or reassessment has been made not later than the 10th day after the date of the assessment or reassessment. ^(13775)

(b) After the deadline prescribed by Subsection (a), the owner and the owner's heirs, successors, and assigns are barred from bringing an action described by that subsection or objecting to the validity of an assessment, reassessment, or proceeding. ^(13776)

Sec. 314.054. VALIDITY OF ASSESSMENT. ^(13778)(1-click HTML)

(1) an error, omission, or invalidity in a proceeding of the municipality under this chapter with reference to: ^(13780)

(2) whether as of the date of the assessments the improvement was completed. ^(13784)

CHAPTER 315. ARTIFICIAL LIGHTING ^(13786)(1-click HTML)

Sec. 315.001. DEFINITIONS. ^(13787)(1-click HTML)

(1) "Abutting property" means property abutting a street on which lighting improvements are made or proposed to be made. ^(13789)

(2) "Special benefit" means the amount of enhanced value that a property receives as a result of lighting improvements. ^(13790)

Sec. 315.002. APPLICABILITY. ^(13793)(1-click HTML)

This chapter applies only to a municipality with a population of more than 5,000. ^(13794)

SUBCHAPTER B. AUTHORITY AND INITIAL PROCEDURES ^(13796)(1-click HTML)

Sec. 315.021. ESTABLISHMENT OF LIGHTING IMPROVEMENTS. ^(13797)(1-click HTML)

(a) A municipality may install and maintain lighting improvements for a local public street as provided by this chapter if the governing body of the municipality adopts a resolution: ^(13798)

(A) the governing body considers it more advantageous to the public; and ^(13800)

(2) following the receipt of a petition from the owners of property abutting a street to install and maintain street lighting improvements. ^(13802)

(b) Adoption of the resolution is conclusive of the public necessity and benefit of the lighting improvements. Failure to give notice of the adoption of a resolution does not affect the resolution's validity. ^(13803)

(2) any street or district composed of streets, highways, or alleys to be lighted; ^(13806)

Sec. 315.022. CONTENTS OF PETITION. ^(13810)(1-click HTML)

(1) state that a street or a district composed of streets, highways, or alleys should be lighted; ^(13812)

(4) state that the lighting will be a public improvement and will be conducive to the public welfare; and ^(13815)

(5) be signed by a majority of the owners of property abutting streets designated in the petition. ^(13816)

(1) provide plans and specifications for the requested lighting improvements; and ^(13818)

(2) specify the kind of poles, lights, or other material necessary to properly install the improvements or any part of the necessary material. ^(13819)

Sec. 315.023. PLANS AND SPECIFICATIONS. ^(13821)(1-click HTML)

(1) order the use of all or any part of the materials specified in the petition in constructing the lighting improvements; ^(13823)

(2) if materials specified in the petition are not available, order the use of materials similar in kind and quality to the specified materials; or ^(13824)

(3) reject any or all plans and specifications included in the petition and have new plans and specifications prepared by the municipal engineer. ^(13825)

(b) On adoption of a resolution as provided by Section 315.021, the municipal engineer shall: ^(13826)

(1) prepare plans and specifications for the lighting improvements ordered by the resolution; and ^(13827)

(2) submit the completed plans and specifications to the governing body for approval. ^(13828)

(c) If there is no municipal engineer, the municipal official whose duties most closely correspond to those of a municipal engineer shall prepare and submit the plans and specifications. ^(13829)

Sec. 315.024. OWNERSHIP AND CONTROL. ^(13831)(1-click HTML)

After lighting improvements made under this chapter are installed and accepted by the municipality, the improvements become a part of the municipality's lighting system. ^(13832)

Sec. 315.025. USE OF AVAILABLE MONEY. ^(13834)(1-click HTML)

A municipality may use available money to assist in financing lighting improvements. ^(13835)

SUBCHAPTER C. BIDS AND CONTRACTS ^(13837)(1-click HTML)

Sec. 315.041. ADVERTISEMENT FOR BID. ^(13838)(1-click HTML)

(a) On approval and adoption of plans and specifications by the governing body of a municipality, the municipal secretary or other officer designated by the governing body shall advertise for sealed bids for installing the lighting improvements according to the specifications. ^(13839)

(b) The advertisement shall be published in a daily newspaper of general circulation in the municipality and shall state the time within which bids may be received. ^(13840)

Sec. 315.042. FILING OF BID. ^(13842)(1-click HTML)

(a) The governing body of a municipality may prescribe a period of not less than 10 or more than 15 days after the date on which the advertisement for bids is published within which bids may be received. ^(13843)

(b) Bids shall be filed with the municipal secretary or another officer designated by the governing body. ^(13844)

Sec. 315.043. AMENDMENT OF BID PROHIBITED. ^(13846)(1-click HTML)

Sec. 315.044. OPENING OF BIDS; ACCEPTANCE OR REJECTION. ^(13849)(1-click HTML)

(a) Bids shall be opened and read at a public meeting of the governing body of a municipality. ^(13850)

(1) accept a bid it considers most advantageous to the owners of abutting property; or ^(13852)

Sec. 315.045. CONTRACTS. ^(13855)(1-click HTML)

(a) After the governing body of a municipality has accepted a bid for lighting improvements, the municipality shall contract with a contractor whose bid has been accepted. ^(13856)

(2) attested with the corporate seal by the municipal secretary or other officer designated by the governing body. ^(13859)

SUBCHAPTER D. PAYMENT OF COSTS ^(13861)(1-click HTML)

Sec. 315.061. AUTHORITY TO ASSESS COSTS. ^(13862)(1-click HTML)

(a) A municipality may assess against owners of abutting property who will specially benefit from lighting improvements the entire cost, including labor and material, of installing the improvements. ^(13863)

(b) A municipality may impose a lien against abutting property to secure the payment of the assessment against that property. ^(13864)

(c) Costs may not be assessed against any property or property owner and personal liability for costs may not be finally determined until after the hearing under Section 315.066 and the adjustment of equities between or among abutting property owners under Section 315.063. ^(13865)

Sec. 315.062. METHOD OF ASSESSMENT. ^(13867)(1-click HTML)

(a) An assessment against abutting property or an owner of abutting property shall be made according to the frontage of that property on a street to be improved in proportion to the total frontage on all streets to be improved. ^(13868)

(b) The costs shall be apportioned according to the frontage or front foot rule but may not exceed the special benefit to the property. ^(13869)

Sec. 315.063. ADJUSTMENT OF EQUITIES. ^(13871)(1-click HTML)

If the governing body of a municipality considers that assessing and apportioning costs as provided by Section 315.062 would be unjust or unequal in a particular case, the governing body shall assess and apportion the costs justly and equally, considering the special benefit to each owner, the equities of the owners, and the adjustment of the apportionment, so as to produce a substantial equality of benefits received by and burdens imposed on each owner. ^(13872)

Sec. 315.064. STATEMENT OF OWNERSHIP AND COSTS. ^(13874)(1-click HTML)

(a) After the governing body of a municipality has approved and executed a contract for lighting improvements, the municipal engineer shall prepare and submit to the governing body a written statement that: ^(13875)

(3) describes, by lot and block number or by another method that identifies the property, the abutting property owned by each owner; and ^(13878)

(B) the amount for each front foot to be assessed against abutting property and its owner; and ^(13881)

(b) If there is no municipal engineer, the municipal official whose duties most closely correspond to those of a municipal engineer shall prepare and submit the statement. ^(13883)

(d) An error or omission in a statement prepared under this section does not invalidate an assessment or a lien or claim of personal liability imposed under an assessment. ^(13885)

Sec. 315.065. NOTICE OF HEARING. ^(13887)(1-click HTML)

(a) After the governing body of a municipality has examined and approved a statement prepared under Section 315.064, the governing body by resolution shall direct publication of notice of a hearing to owners of abutting property. ^(13888)

(b) Notice shall be published for 10 consecutive days in a daily newspaper of general circulation in the municipality where the lighting improvements are to be made. ^(13889)

(c) If there is no daily newspaper, the governing body shall notify the owners by registered mail before the 10th day before the date of the hearing. ^(13890)

(4) state the amount proposed to be assessed against abutting property for each front foot; and ^(13895)

(5) notify each owner of abutting property and each interested person to appear at the hearing. ^(13896)

(e) The notice is not required to describe any property or to include the name of an owner. The notice is nonetheless binding on and conclusive against an owner of abutting property or a person interested in or having a lien or claim on the property. ^(13897)

Sec. 315.066. HEARING. ^(13899)(1-click HTML)

(2) may not be held before the 10th day after the date of notice under Section 315.065. ^(13902)

(b) At any time before the close of the hearing, a person interested in property that may be claimed to be subject to assessment under this chapter is entitled to be heard on: ^(13903)

(5) any invalidity or irregularity in a proceeding regarding the proposed improvements; or ^(13908)

(1) shall give a full hearing on an objection presented under this section; ^(13915)

(2) may, from time to time and without further notice, adjourn the hearing; ^(13916)

(3) may inquire into and determine all facts necessary to adjudicate an objection or ascertain the special benefit to an owner; and ^(13917)

Sec. 315.067. RULES. ^(13920)(1-click HTML)

The governing body of a municipality may adopt rules governing hearings or notice of hearings that the governing body considers advisable to give all property owners a full hearing on assessments against them because of the special benefits. ^(13921)

Sec. 315.068. WAIVER OF OBJECTION. ^(13923)(1-click HTML)

An objection to an irregularity in a proceeding regarding proposed lighting improvements under this chapter or to the validity of an assessment or adjudication of personal liability against abutting property or an owner of abutting property is waived unless presented at the time and in the manner prescribed by Section 315.066. ^(13924)

Sec. 315.069. ASSESSMENT ORDER. ^(13926)(1-click HTML)

(a) After the close of a hearing held under Section 315.066, the governing body of the municipality by ordinance shall assess against each owner of abutting property the proportionate cost of the lighting improvements as decided by the governing body. ^(13927)

(2) declare the owner of the property personally liable for the amount assessed; and ^(13930)

Sec. 315.070. INSTALLMENTS. ^(13933)(1-click HTML)

(a) The governing body may order the assessments payable in not more than six installments and prescribe the amount, time, and manner of payment of the installments. ^(13934)

(b) The last payment may not be deferred beyond the fifth anniversary of the municipality's acceptance of the completed lighting improvement. ^(13935)

(c) The ordinance shall prescribe the rate of interest, not to exceed seven percent a year, to be charged on deferred payments. ^(13936)

(d) The ordinance may provide for the maturity and collection of all deferred payments on the default of an installment of principal or interest. ^(13937)

Sec. 315.071. DISCHARGE OF OBLIGATION. ^(13939)(1-click HTML)

An owner of abutting property may discharge the total amount assessed against the owner, or any installment of that amount, at any time before maturity, on payment of the amount with accrued interest. ^(13940)

Sec. 315.072. LIEN. ^(13942)(1-click HTML)

(a) An assessment under this subchapter against a property or property owner and any costs and reasonable attorney's fees incurred are a personal claim against the owner secured by a lien against the property. ^(13943)

(b) A lien under this section reverts back and takes effect as of the date of the original resolution ordering the lighting improvement. Adoption of the resolution is notice of the lien to all persons. ^(13944)

(c) A person who owns property on the date of an ordinance providing for an assessment against the property under Section 315.069 is personally liable for that person's respective portion of the assessment. ^(13945)

(d) Assessing in one assessment more than one parcel of property owned by a single owner or owned jointly by two or more persons does not invalidate the assessment or a lien or claim of personal liability under the assessment. ^(13946)

(e) An error in the name of an owner of assessed property in the ordinance providing for the assessment does not invalidate the lien or personal liability created by the ordinance. The lien or personal liability exists against the true owner of the property as if the owner had been correctly described. ^(13947)

Sec. 315.073. PRIORITY OF LIEN. ^(13949)(1-click HTML)

A lien under Section 315.072 is superior to any other lien, claim, or title, except a municipal, county, or state tax. ^(13950)

Sec. 315.074. CERTIFICATE OF OBLIGATION. ^(13952)(1-click HTML)

(1) a contractor to whom work is let under this chapter may recover the costs assessed against abutting property and the owners of abutting property only from the property or property owners; and ^(13954)

(b) The governing body may also authorize assignable certificates against abutting property or owners of abutting property. ^(13956)

(c) A recital in a certificate that states that the procedure for making the lighting improvement was in compliance with law and that all prerequisites to imposing the lien and to creating the personal liability of the property owner were performed is prima facie evidence in all courts that the procedure and prerequisites were performed as stated in the certificate. ^(13957)

(2) attested with the corporate seal by the municipal secretary or other officer designated by the governing body. ^(13960)

Sec. 315.075. PAYMENT FROM AVAILABLE MONEY. ^(13962)(1-click HTML)

(a) The cost of lighting improvements made without a petition by property owners shall be paid by the municipality out of the municipality's available money. ^(13963)

(b) The amount paid by a municipality to a contractor under this section shall be reimbursed to the municipality by assessments against abutting property owners under this chapter. ^(13964)

SUBCHAPTER E. JUDICIAL PROCEEDINGS ^(13966)(1-click HTML)

Sec. 315.091. SUIT ON LIEN. ^(13967)(1-click HTML)

Personal liability established under Section 315.072 may be enforced by bringing suit. ^(13968)

Sec. 315.092. SUIT TO CONTEST ASSESSMENT OR PROCEEDING. ^(13970)(1-click HTML)

(a) A person who has an interest in property that may be subject to assessment under this chapter or who has any other financial interest in a proposed lighting improvement or the manner in which the cost of the proposed improvement is to be paid may bring suit to contest on any ground: ^(13971)

(1) the validity of a proceeding held on the making of the improvement; or ^(13972)

(2) the validity in whole or in part of an assessment, lien, or personal liability imposed by the proceeding. ^(13973)

(b) A suit under this section must be brought not later than the 10th day after the date on which the hearing under Section 315.066 concludes. ^(13974)

(c) The municipality and any person to whom a contract has been awarded shall be made defendants in a suit under this section. ^(13975)

Sec. 315.093. ESTOPPEL. ^(13977)(1-click HTML)

(a) A person who does not bring suit within the period prescribed by Section 315.092 or who does not diligently and in good faith prosecute a suit to final judgment may not contest or raise as a defense in another action the validity of a proceeding or an assessment, lien, or personal liability imposed by the proceeding. ^(13978)

Texas Laws - Transportation Code
Subtitle E. Municipal Streets
Injury

SUBTITLE E. MUNICIPAL STREETS ^(13026)(1-click HTML)

CHAPTER 311. GENERAL PROVISIONS RELATING TO MUNICIPAL STREETS ^(13027)(1-click HTML)

SUBCHAPTER A. GENERAL AUTHORITY ^(13028)(1-click HTML)

SUBCHAPTER B. MUNICIPAL FREEWAYS ^(13083)(1-click HTML)

SUBCHAPTER C. AUTHORITY RELATING TO RAIL TRANSPORTATION ^(13105)(1-click HTML)

SUBCHAPTER D. FRANCHISE TO USE STREETS IN HOME-RULE MUNICIPALITY ^(13135)(1-click HTML)

SUBCHAPTER E. FINANCING IMPROVEMENTS ^(13165)(1-click HTML)

CHAPTER 312. CONTROL OF HIGHWAY ASSETS ^(13231)(1-click HTML)

Sec. 312.001. DEFINITIONS. ^(13232)(1-click HTML)

Sec. 312.002. APPLICABILITY AND ADOPTION OF SUBCHAPTERS. ^(13242)(1-click HTML)

Sec. 312.003. HIGHWAY IMPROVEMENT. ^(13251)(1-click HTML)

Sec. 312.004. CONFLICT OF LAWS. ^(13257)(1-click HTML)

SUBCHAPTER B. ASSESSMENTS ^(13260)(1-click HTML)

SUBCHAPTER C. HEARING; APPEAL; PROPERTY LIEN ^(13293)(1-click HTML)

SUBCHAPTER D. SPECIAL ASSESSMENT ^(13342)(1-click HTML)

CHAPTER 313. STREET IMPROVEMENTS AND ASSESSMENTS IN CERTAIN MUNICIPALITIES ^(13384)(1-click HTML)

Sec. 313.001. DEFINITIONS. ^(13385)(1-click HTML)

Sec. 313.002. APPLICABILITY OF CHAPTER. ^(13396)(1-click HTML)

Sec. 313.003. GENERAL POWERS OF GOVERNING BODY. ^(13399)(1-click HTML)

SUBCHAPTER B. IMPROVEMENTS ^(13410)(1-click HTML)

SUBCHAPTER C. ASSESSMENTS ^(13427)(1-click HTML)

CHAPTER 314. PURCHASE OR CONDEMNATION OF PROPERTY FOR HIGHWAYS BY CERTAIN MUNICIPALITIES ^(13578)(1-click HTML)

Sec. 314.001. APPLICABILITY. ^(13579)(1-click HTML)

SUBCHAPTER B. AUTHORITY TO PURCHASE OR CONDEMN PROPERTY ^(13582)(1-click HTML)

SUBCHAPTER C. PROCEDURE ^(13611)(1-click HTML)

SUBCHAPTER D. ASSESSMENTS ^(13672)(1-click HTML)

CHAPTER 315. ARTIFICIAL LIGHTING ^(13786)(1-click HTML)

Sec. 315.001. DEFINITIONS. ^(13787)(1-click HTML)

Sec. 315.002. APPLICABILITY. ^(13793)(1-click HTML)

SUBCHAPTER B. AUTHORITY AND INITIAL PROCEDURES ^(13796)(1-click HTML)

SUBCHAPTER C. BIDS AND CONTRACTS ^(13837)(1-click HTML)

SUBCHAPTER D. PAYMENT OF COSTS ^(13861)(1-click HTML)

SUBCHAPTER E. JUDICIAL PROCEEDINGS ^(13966)(1-click HTML)

Our Mission
Objective

Ignorance Is No Excuse
Your Right To Know The Law

Select a State

Texas Laws - Transportation CodeSubtitle E. Municipal StreetsInjury

SUBTITLE E. MUNICIPAL STREETS (13026)(1-click HTML)

CHAPTER 311. GENERAL PROVISIONS RELATING TO MUNICIPAL STREETS (13027)(1-click HTML)

SUBCHAPTER A. GENERAL AUTHORITY (13028)(1-click HTML)

SUBCHAPTER B. MUNICIPAL FREEWAYS (13083)(1-click HTML)

SUBCHAPTER C. AUTHORITY RELATING TO RAIL TRANSPORTATION (13105)(1-click HTML)

SUBCHAPTER D. FRANCHISE TO USE STREETS IN HOME-RULE MUNICIPALITY (13135)(1-click HTML)

SUBCHAPTER E. FINANCING IMPROVEMENTS (13165)(1-click HTML)

CHAPTER 312. CONTROL OF HIGHWAY ASSETS (13231)(1-click HTML)

Sec. 312.001. DEFINITIONS. (13232)(1-click HTML)

Sec. 312.002. APPLICABILITY AND ADOPTION OF SUBCHAPTERS. (13242)(1-click HTML)

Sec. 312.003. HIGHWAY IMPROVEMENT. (13251)(1-click HTML)

Sec. 312.004. CONFLICT OF LAWS. (13257)(1-click HTML)

SUBCHAPTER B. ASSESSMENTS (13260)(1-click HTML)

SUBCHAPTER C. HEARING; APPEAL; PROPERTY LIEN (13293)(1-click HTML)

SUBCHAPTER D. SPECIAL ASSESSMENT (13342)(1-click HTML)

CHAPTER 313. STREET IMPROVEMENTS AND ASSESSMENTS IN CERTAIN MUNICIPALITIES (13384)(1-click HTML)

Sec. 313.001. DEFINITIONS. (13385)(1-click HTML)

Sec. 313.002. APPLICABILITY OF CHAPTER. (13396)(1-click HTML)

Sec. 313.003. GENERAL POWERS OF GOVERNING BODY. (13399)(1-click HTML)

SUBCHAPTER B. IMPROVEMENTS (13410)(1-click HTML)

SUBCHAPTER C. ASSESSMENTS (13427)(1-click HTML)

CHAPTER 314. PURCHASE OR CONDEMNATION OF PROPERTY FOR HIGHWAYS BY CERTAIN MUNICIPALITIES (13578)(1-click HTML)

Sec. 314.001. APPLICABILITY. (13579)(1-click HTML)

SUBCHAPTER B. AUTHORITY TO PURCHASE OR CONDEMN PROPERTY (13582)(1-click HTML)

SUBCHAPTER C. PROCEDURE (13611)(1-click HTML)

SUBCHAPTER D. ASSESSMENTS (13672)(1-click HTML)

CHAPTER 315. ARTIFICIAL LIGHTING (13786)(1-click HTML)

Sec. 315.001. DEFINITIONS. (13787)(1-click HTML)

Sec. 315.002. APPLICABILITY. (13793)(1-click HTML)

SUBCHAPTER B. AUTHORITY AND INITIAL PROCEDURES (13796)(1-click HTML)

SUBCHAPTER C. BIDS AND CONTRACTS (13837)(1-click HTML)

SUBCHAPTER D. PAYMENT OF COSTS (13861)(1-click HTML)

SUBCHAPTER E. JUDICIAL PROCEEDINGS (13966)(1-click HTML)

Our MissionObjective

Ignorance Is No ExcuseYour Right To Know The Law

Select a State

Texas Laws - Transportation Code
Subtitle E. Municipal Streets
Injury

SUBTITLE E. MUNICIPAL STREETS ^(13026)(1-click HTML)

CHAPTER 311. GENERAL PROVISIONS RELATING TO MUNICIPAL STREETS ^(13027)(1-click HTML)

SUBCHAPTER A. GENERAL AUTHORITY ^(13028)(1-click HTML)

SUBCHAPTER B. MUNICIPAL FREEWAYS ^(13083)(1-click HTML)

SUBCHAPTER C. AUTHORITY RELATING TO RAIL TRANSPORTATION ^(13105)(1-click HTML)

SUBCHAPTER D. FRANCHISE TO USE STREETS IN HOME-RULE MUNICIPALITY ^(13135)(1-click HTML)

SUBCHAPTER E. FINANCING IMPROVEMENTS ^(13165)(1-click HTML)

CHAPTER 312. CONTROL OF HIGHWAY ASSETS ^(13231)(1-click HTML)

Sec. 312.001. DEFINITIONS. ^(13232)(1-click HTML)

Sec. 312.002. APPLICABILITY AND ADOPTION OF SUBCHAPTERS. ^(13242)(1-click HTML)

Sec. 312.003. HIGHWAY IMPROVEMENT. ^(13251)(1-click HTML)

Sec. 312.004. CONFLICT OF LAWS. ^(13257)(1-click HTML)

SUBCHAPTER B. ASSESSMENTS ^(13260)(1-click HTML)

SUBCHAPTER C. HEARING; APPEAL; PROPERTY LIEN ^(13293)(1-click HTML)

SUBCHAPTER D. SPECIAL ASSESSMENT ^(13342)(1-click HTML)

CHAPTER 313. STREET IMPROVEMENTS AND ASSESSMENTS IN CERTAIN MUNICIPALITIES ^(13384)(1-click HTML)

Sec. 313.001. DEFINITIONS. ^(13385)(1-click HTML)

Sec. 313.002. APPLICABILITY OF CHAPTER. ^(13396)(1-click HTML)

Sec. 313.003. GENERAL POWERS OF GOVERNING BODY. ^(13399)(1-click HTML)

SUBCHAPTER B. IMPROVEMENTS ^(13410)(1-click HTML)

SUBCHAPTER C. ASSESSMENTS ^(13427)(1-click HTML)

CHAPTER 314. PURCHASE OR CONDEMNATION OF PROPERTY FOR HIGHWAYS BY CERTAIN MUNICIPALITIES ^(13578)(1-click HTML)

Sec. 314.001. APPLICABILITY. ^(13579)(1-click HTML)

SUBCHAPTER B. AUTHORITY TO PURCHASE OR CONDEMN PROPERTY ^(13582)(1-click HTML)

SUBCHAPTER C. PROCEDURE ^(13611)(1-click HTML)

SUBCHAPTER D. ASSESSMENTS ^(13672)(1-click HTML)

CHAPTER 315. ARTIFICIAL LIGHTING ^(13786)(1-click HTML)

Sec. 315.001. DEFINITIONS. ^(13787)(1-click HTML)

Sec. 315.002. APPLICABILITY. ^(13793)(1-click HTML)

SUBCHAPTER B. AUTHORITY AND INITIAL PROCEDURES ^(13796)(1-click HTML)

SUBCHAPTER C. BIDS AND CONTRACTS ^(13837)(1-click HTML)

SUBCHAPTER D. PAYMENT OF COSTS ^(13861)(1-click HTML)

SUBCHAPTER E. JUDICIAL PROCEEDINGS ^(13966)(1-click HTML)

Our Mission
Objective

Ignorance Is No Excuse
Your Right To Know The Law