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78R8582 ATP-D


By:  Phillips                                                     H.B. No. 2902



A BILL TO BE ENTITLED

AN ACT

relating to the assessment of costs for the improvement of a road in 
a part of a subdivision.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 253.003, Transportation Code, is amended 
to read as follows:
	Sec. 253.003.  PROPOSAL FOR COUNTY IMPROVEMENT OF 
SUBDIVISION ROADS AND ASSESSMENT OF COSTS.  If the commissioners 
court of a county determines that the improvement of a road in a 
subdivision or of an access road to a subdivision is necessary for 
the public health, safety, or welfare of the residents of the 
county, the commissioners court may propose to:
		(1)  improve the road to comply with county standards 
for roads;  and       
		(2)  assess all or part of the costs of the improvement 
pro rata against the record owners of the real property of the 
subdivision or a defined part of the subdivision.
	SECTION 2.  Section 253.006, Transportation Code, is amended 
to read as follows:
	Sec. 253.006.  BALLOT.  (a)  Not later than the 10th day 
after the date the commissioners court holds a public hearing under 
Section 253.005, the commissioners court by certified mail shall 
send to each record owner of real property in the subdivision or 
part of the subdivision to be assessed:
		(1)  a ballot on whether the commissioners court shall 
order the improvement and assessment;  and
		(2)  an addressed stamped envelope for the return of 
the completed ballot to the county clerk.
	(b)  The ballot must state the maximum assessment that could 
be made against each property in the subdivision or part of the 
subdivision to be assessed if a majority of the votes received favor 
the proposition.
	SECTION 3.  Section 253.007(b), Transportation Code, is 
amended to read as follows:
	(b)  If a majority of returned ballots are in favor of the 
improvement and assessment, the commissioners court shall order the 
improvements and assess the costs of the improvements against the 
real property owners of the subdivision or part of the subdivision.
	SECTION 4.  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, 2003.