|
|
|
|
AN ACT
|
|
relating to the fee imposed on certain property owners by a county |
|
for the establishment of street lights along a county road. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 280.003, Transportation Code, is amended |
|
by amending Subsection (b) and adding Subsections (d), (e), and (f) |
|
to read as follows: |
|
(b) The commissioners court of a [the] county may by order |
|
provide for the establishment of street lights along a county road |
|
located in a subdivision. The order may provide for: |
|
(1) the installation, operation, and maintenance of |
|
the street lights by: |
|
(A) the county; or |
|
(B) another public or private entity with which |
|
the county may contract; |
|
(2) the imposition of a fee on landowners in the |
|
subdivision who benefit from the street lights; |
|
(3) the collection of a fee imposed under this |
|
subsection by[:
|
|
[(A)] the county tax assessor-collector[; or
|
|
[(B)
another public or private entity with which
|
|
the county may contract]; and |
|
(4) any other matter the commissioners court finds |
|
necessary to the installation, operation, or maintenance of the |
|
street lights. |
|
(d) The county tax assessor-collector of a county in which a |
|
fee is imposed under this section shall include the fee in the tax |
|
bill prepared under Section 31.01, Tax Code, for each landowner |
|
whose real property is benefited by the street lights for which the |
|
fee is imposed. The tax bill must separately state the amount of |
|
the fee imposed under this section. The county tax |
|
assessor-collector shall collect the fee for the county in the same |
|
manner that the county tax assessor-collector collects ad valorem |
|
taxes for the county. |
|
(e) A commissioners court may obtain a lien against real |
|
property benefited by the street lights for which a fee is imposed |
|
under this section to secure payment of the fee. To obtain the lien, |
|
the commissioners court must file a notice with the county clerk of |
|
the county in which the property is located that includes: |
|
(1) a statement that the fee has been imposed on the |
|
landowner and the amount of the fee; |
|
(2) a legal description of the property on which the |
|
lien is to be attached sufficient to identify the property; and |
|
(3) the name of the landowner, if known. |
|
(f) The lien authorized by this section exists in favor of |
|
the county. The lien attaches to the real property on the date the |
|
notice of lien is filed with the county clerk. The lien is inferior |
|
to a mortgage lien recorded with the county clerk before the date |
|
the lien authorized by this section attaches to the property. A |
|
county may not foreclose a lien authorized by this section if the |
|
lien is the only lien attached to the property. |
|
SECTION 2. The changes in law made by this Act apply only to |
|
a fee imposed by a county under Section 280.003, Transportation |
|
Code, as amended by this Act, on or after the effective date of this |
|
Act. |
|
SECTION 3. This Act takes effect September 1, 2015. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 3002 was passed by the House on May |
|
15, 2015, by the following vote: Yeas 124, Nays 15, 2 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 3002 was passed by the Senate on May |
|
26, 2015, by the following vote: Yeas 25, Nays 6. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |