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A BILL TO BE ENTITLED
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AN ACT
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relating to the fee collected for the provision of providing street |
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lights in a subdivision in the unincorporated area of certain |
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counties and the authority of said 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 subsection (d), (e), (f), (g), and (h) to read as follows: |
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(d) The county tax assessor-collector shall add the fees |
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collected in subsection (b) to the annual property tax statement |
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for those land owners who benefit from the street lights, collect |
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said fees, and transfer said fees to the county. |
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(e) 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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(f) 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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(g) 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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(h) The county which obtains a lien to secure payment of a |
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fee imposed by an order authorized by this section may not foreclose |
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on any property for which the only outstanding lien against that |
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property is the lien obtained under this section. |
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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. |