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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a county to obtain a lien against |
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property of a landowner to secure payment of a fee for the |
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installation, operation, and maintenance of street lights. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 280.003, Transportation Code, is amended |
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by adding Subsections (d), (e), and (f) to read as follows: |
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(d) The commissioners court of a county may obtain a lien |
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against property to secure payment of a fee imposed by an order |
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authorized by this section. |
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(e) To obtain a lien against the property to secure payment |
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of the fee, the commissioners court of the county must file a notice |
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that contains a statement of the fee assessed, a legal description |
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of the property sufficient to identify the property, and the name of |
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the property owner, if known, with the county clerk of the county in |
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which the property is located. |
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(f) The county's lien to secure payment of a fee imposed by |
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an order authorized by this section attaches when the notice of lien |
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is filed and is inferior to a previously recorded bona fide mortgage |
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lien attached to the real property to which the county's lien |
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attaches, if the mortgage was filed for record in the office of the |
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county clerk of the county in which the real property is located |
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before the date on which the county files the notice of lien with |
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the county clerk. |
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SECTION 2. The change in law made by this Act applies only |
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to the assessment of a fee under Section 280.003, Transportation |
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Code, on or after the effective date of this Act. A fee assessed |
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under that section before the effective date of this Act is covered |
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by the law in effect when the fee was assessed, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |