Bill Text: TX HB1886 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to the authority of certain counties to impose an assessment on landowners for the installation, operation, and maintenance of streetlights.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-03-11 - Referred to County Affairs [HB1886 Detail]

Download: Texas-2015-HB1886-Introduced.html

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84R6389 TJB-D
By: Martinez H.B. No. 1886

A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain counties to impose an
assessment on landowners for the installation, operation, and
maintenance of streetlights.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 280, Transportation Code, is amended by
adding Section 280.004 to read as follows:
Sec. 280.004. ASSESSMENT FOR STREETLIGHTS IN CERTAIN
COUNTIES. (a) This section applies only to a county that:
(1) is located on the international border;
(2) has a population of 750,000 or more; and
(3) is adjacent to two or more counties each of which
has a population of 50,000 or more.
(b) The commissioners court of a county that provides for
the installation, operation, and maintenance of streetlights along
a county road in a subdivision under Section 280.003 may by order
impose an assessment on the owners of real property in the
subdivision who benefit from the streetlights instead of collecting
a fee.
(c) Before a commissioners court may impose an assessment
under this section, the commissioners court must:
(1) prepare an estimate of the total cost to install,
operate, and maintain the streetlights;
(2) prepare a proposed assessment roll that:
(A) lists each tract of real property that
benefits from the streetlights and is subject to the assessment;
and
(B) allocates to each tract an assessment amount
equal to the total cost estimated under Subdivision (1) divided by
the number of tracts listed under Paragraph (A);
(3) submit the proposed assessment roll to the county
tax assessor-collector; and
(4) hold a public hearing at which members of the
public are given the opportunity to be heard on the proposed
imposition of the assessment.
(d) As soon as practicable after the appraisal roll is
submitted to the county tax assessor-collector under Subsection (c)
but not later than the 20th day before the date of the public
hearing required by that subsection, the county tax
assessor-collector shall provide notice of the public hearing by
certified mail, return receipt requested, to the owner of each
tract of real property listed in the assessment roll. The notice
must include:
(1) the date, time, and place of the hearing;
(2) a description of the subdivision for which the
streetlights along a county road are proposed to be provided;
(3) a statement that the commissioners court will
consider the imposition of an assessment on the owners of real
property in the subdivision who benefit from the streetlights to
provide for the installation, operation, and maintenance of the
streetlights; and
(4) the estimated amount of the assessment that each
owner of real property in the subdivision who benefits from the
streetlights may be required to pay.
(e) Not later than the 10th day before the date of the public
hearing required by Subsection (c), the county tax
assessor-collector shall publish notice of the hearing in at least
one newspaper of general circulation in the county that includes
the information required by Subsection (d).
(f) The commissioners court may contract with the appraisal
district established in the county to administer an assessment
imposed under this section.
(g) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the county:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owner of the property even if the owner is not named in the
assessment proceedings.
(h) The lien is effective from the date of the commissioners
court's order imposing the assessment until the date the assessment
is paid. The county may enforce the lien in the same manner that the
county may enforce an ad valorem tax lien against real property.
(i) The lien of an assessment against property runs with the
land. The portion of an assessment that has not yet come due is not
eliminated by the foreclosure of an ad valorem tax lien, and any
purchaser of property in a foreclosure of an ad valorem tax lien
takes the property subject to the assessment that has not yet come
due and to the lien and terms of the lien's payment under the order
imposing the assessment.
(j) Delinquent assessments incur interest, penalties, and
attorney's fees in the same manner as delinquent ad valorem taxes.
The owner of property for which an assessment has been imposed may
pay at any time all or any part of the assessment and any interest
that has accrued on a delinquent assessment.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.