BILL ANALYSIS S.B. 1412 By: Harris Jurisprudence 4-5-95 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.