TX Spec Dist Code § 8813.105 (2021)
2021 Texas Statutes|Special District Local Laws Code|Title 6 - Water and Wastewater|Subtitle H - Districts Governing Groundwater|Chapter 8813 - North Fort Bend Water Authority|Subchapter C. Powers and Duties|Section 8813.105. Assessments

Sec. 8813.105.  ASSESSMENTS.  (a)  The board may undertake improvement projects and services that confer a special benefit on all or a definable part of the authority.  The board may impose special assessments on property in that area, including property of a local government, based on the benefit conferred by the improvement project or services, to pay all or part of the cost of the project and services.  The board may provide improvements and services to an area outside the boundaries of the authority if the board determines that there is a benefit to the authority.  The authority may finance with special assessments any improvement project or service authorized by this chapter or any other applicable law.(b)  Services or improvement projects may be financed with special assessments under this chapter only after the board holds a public hearing on the advisability of the improvements and services and the proposed assessments.(c)  The board shall publish notice of the hearing in a newspaper or newspapers with general circulation in Harris and Fort Bend Counties.  The publication must be made not later than the 30th day before the date of the hearing.(d)  Notice provided under this section must include:(1)  the time and place of the hearing;(2)  the general nature of the proposed improvement project or services;(3)  the estimated cost of the improvement, including interest during construction and associated financing costs; and(4)  the proposed method of assessment.(e)  Written notice containing the information required by Subsection (d) shall be mailed by certified mail, return receipt requested, not later than the 30th day before the date of the hearing.  The notice shall be mailed to each person within the authority who holds a permit for a well issued by the Harris-Galveston Subsidence District or Fort Bend Subsidence District, as applicable, and whose well is subject to a groundwater reduction requirement imposed by that district.  The Harris-Galveston Subsidence District and Fort Bend Subsidence District shall provide to the authority a list of persons who hold such a permit.(f)  The board may establish rules regarding procedures for a hearing.  A hearing on the services or improvement project, whether conducted by the board or a hearings examiner, may be adjourned from time to time.  At the conclusion of a hearing conducted by the board, the board shall make written findings and conclusions relating to the advisability of the improvement project or services, the nature of the improvement project or services, the estimated cost, and the area benefited.  If the board appoints a hearings examiner to conduct the hearing, after conclusion of the hearing, the hearings examiner shall file with the board a written report of the examiner's findings and conclusions.(g)  At a hearing on proposed assessments, on adjournment of the hearing, or after consideration of the hearings examiner's report, the board shall hear and rule on all objections to each proposed assessment.  The board may amend proposed assessments for any property.  After the board hears and takes action on those objections, the board, by order:(1)  shall impose the assessments as special assessments on the property;(2)  shall specify the method of payment of the assessments; and(3)  may provide that those assessments, including interest, be paid in periodic installments.(h)  Periodic installments must be in amounts sufficient to meet annual costs for services and improvements as provided by Subsection (j) and continue for the number of years required to retire the indebtedness or pay for the services to be rendered.  The board may provide interest charges or penalties for failure to make timely payment and may impose an amount to cover delinquencies and expenses of collection.(i)  If assessments are imposed for more than one service or improvement project, the board may provide that assessments collected for one service or improvement project may be borrowed to be used for another service or improvement project.  The board shall establish a procedure for the distribution or use of any assessments in excess of those necessary to finance the services or improvement project for which those assessments were collected.(j)  The board shall apportion the cost of an improvement project or services to be assessed against the property in the authority according to the special benefits that accrue to the property because of the improvement project or services.  The board may assess the cost only according to the number of gallons of groundwater pumped from wells within the authority that are subject to a groundwater reduction requirement imposed by the Harris-Galveston Subsidence District or Fort Bend Subsidence District, as applicable.  The board may not assess the cost according to groundwater pumped from:(1)  a well with a casing diameter of less than five inches that serves only a single-family dwelling; or(2)  a well that is regulated by Chapter 27, Water Code.(k)  The area of the authority to be assessed according to the findings of the board may be the entire authority or any part of the authority and may be less than the area proposed in the notice of the hearing.(l)  The area to be assessed may not include property that is not within the authority boundaries at the time of the hearing unless there is an additional hearing, following the required notice.(m)  Notwithstanding Subsection (l), the owner of land annexed to the authority after the authority has imposed assessments may waive the right to notice and an assessment hearing and may agree to the imposition and payment of assessments at an agreed rate for land annexed to the authority.  A district or municipality may waive the right to notice and an assessment hearing for land within its boundaries annexed to the authority and may agree to the imposition and payment of assessments at an agreed rate for the annexed land.(n)  The board shall have prepared an assessment roll showing the assessments against each property and the board's basis for the assessment.  The assessment roll shall be:(1)  filed with the secretary of the board or other officer who performs the function of secretary; and(2)  open for public inspection.(o)  After notice and hearing in the manner required for an original assessment, the board may make supplemental assessments to correct omissions or mistakes in the assessment:(1)  relating to the total cost of the improvement project or services; or(2)  covering delinquencies or costs of collection.|Added by Acts 2005, 79th Leg., Ch. 893 (S.B. 1798), Sec. 1, eff. June 17, 2005.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 18.011, eff. September 1, 2013.|