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