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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain counties to impose an |
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assessment on landowners for the installation, operation, and |
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maintenance of streetlights. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 280, Transportation Code, is amended by |
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adding Section 280.004 to read as follows: |
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Sec. 280.004. ASSESSMENT FOR STREETLIGHTS IN CERTAIN |
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COUNTIES. (a) This section applies only to a county that: |
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(1) is located on the international border; |
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(2) has a population of 750,000 or more; and |
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(3) is adjacent to two or more counties each of which |
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has a population of 50,000 or more. |
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(b) The commissioners court of a county that provides for |
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the installation, operation, and maintenance of streetlights along |
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a county road in a subdivision under Section 280.003 may by order |
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impose an assessment on the owners of real property in the |
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subdivision who benefit from the streetlights instead of collecting |
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a fee. |
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(c) Before a commissioners court may impose an assessment |
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under this section, the commissioners court must: |
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(1) prepare an estimate of the total cost to install, |
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operate, and maintain the streetlights; |
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(2) prepare a proposed assessment roll that: |
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(A) lists each tract of real property that |
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benefits from the streetlights and is subject to the assessment; |
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and |
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(B) allocates to each tract an assessment amount |
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equal to the total cost estimated under Subdivision (1) divided by |
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the number of tracts listed under Paragraph (A); |
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(3) submit the proposed assessment roll to the county |
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tax assessor-collector; and |
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(4) hold a public hearing at which members of the |
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public are given the opportunity to be heard on the proposed |
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imposition of the assessment. |
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(d) As soon as practicable after the appraisal roll is |
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submitted to the county tax assessor-collector under Subsection (c) |
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but not later than the 20th day before the date of the public |
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hearing required by that subsection, the county tax |
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assessor-collector shall provide notice of the public hearing by |
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certified mail, return receipt requested, to the owner of each |
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tract of real property listed in the assessment roll. The notice |
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must include: |
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(1) the date, time, and place of the hearing; |
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(2) a description of the subdivision for which the |
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streetlights along a county road are proposed to be provided; |
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(3) a statement that the commissioners court will |
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consider the imposition of an assessment on the owners of real |
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property in the subdivision who benefit from the streetlights to |
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provide for the installation, operation, and maintenance of the |
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streetlights; and |
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(4) the estimated amount of the assessment that each |
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owner of real property in the subdivision who benefits from the |
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streetlights may be required to pay. |
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(e) Not later than the 10th day before the date of the public |
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hearing required by Subsection (c), the county tax |
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assessor-collector shall publish notice of the hearing in at least |
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one newspaper of general circulation in the county that includes |
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the information required by Subsection (d). |
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(f) The commissioners court may contract with the appraisal |
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district established in the county to administer an assessment |
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imposed under this section. |
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(g) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the county: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) are the personal liability of and a charge against |
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the owner of the property even if the owner is not named in the |
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assessment proceedings. |
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(h) The lien is effective from the date of the commissioners |
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court's order imposing the assessment until the date the assessment |
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is paid. The county may enforce the lien in the same manner that the |
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county may enforce an ad valorem tax lien against real property. |
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(i) The lien of an assessment against property runs with the |
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land. The portion of an assessment that has not yet come due is not |
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eliminated by the foreclosure of an ad valorem tax lien, and any |
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purchaser of property in a foreclosure of an ad valorem tax lien |
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takes the property subject to the assessment that has not yet come |
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due and to the lien and terms of the lien's payment under the order |
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imposing the assessment. |
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(j) Delinquent assessments incur interest, penalties, and |
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attorney's fees in the same manner as delinquent ad valorem taxes. |
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The owner of property for which an assessment has been imposed may |
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pay at any time all or any part of the assessment and any interest |
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that has accrued on a delinquent assessment. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |