BILL ANALYSIS



S.B. 1412
By: Harris, C. (Counts)
April 27, 1995
Committee Report (Unamended)


BACKGROUND

Under current law, Texas municipal governments have been allowed to
assess the cost of street improvements against property
specifically benefitted by those street improvements.  Beginning in
approximately 1930, Texas courts have wrestled with the correct
application of this statute.  A reading of the law produces
contrary opinions as to its application.

PURPOSE

As proposed, S.B. 1412 requires assessments for municipal street
improvements to be based on the amount of special benefits
received, and sets forth provisions for a property owner to contest
a related issue at a hearing.
 
RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 4, Article 1105b, V.T.C.S., as follows:

     Sec. 4.  (a) Created from existing text.
     
     (b) Prohibits the amount of assessment or reassessment for
       municipal street improvements from exceeding the amount of
       the special benefits resulting from the enhanced value
       conferred on the property.
       
       (c) Prohibits a speculative conclusion from being considered
       in determining a special benefit.
       
       (d) Authorizes certain evidence to be considered in
       determining if a special benefit has accrued to a property.
       
       (e) Created from existing text.
       
       (f) Requires the property owner to be given notice of any
       proposed assessment or reassessment and an opportunity to
       contest at a hearing an issue relating to the assessment or
       reassessment before the governing body.
       
       (g) Deems a failure to appear before the governing body, if
       proper notice has been delivered to the property owner, to
       constitute the owner's acceptance and agreement to the
       assessment or reassessment, and requires the owner to have
       no remedy at law.
       
       (h) Defines "special benefit."
       
       SECTION 2.   Effective date: September 1, 1995.
           Makes application of this Act prospective.

SECTION 3. Emergency clause.

SUMMARY OF COMMITTEE ACTION

SB 1412 was considered by the committee in a public hearing on
April 24, 1995.  The following people testified in favor of the
bill: Rep. Counts.  The bill was reported favorably without
amendment, with the recommendation that it do pass and be printed,
by a record vote of 7 ayes, 0 nays, 1 pnv, and 1 absent.