reglab/housing_qa huggingface dataset:
TX Transp Code § 315.064 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter D. Payment of Costs|Section 315.064. Statement of Ownership and Costs

Sec. 315.064.  STATEMENT OF OWNERSHIP AND COSTS.  (a)  After the governing body of a municipality has approved and executed a contract for lighting improvements, the municipal engineer shall prepare and submit to the governing body a written statement that:(1)  lists the owners of property abutting any street to be improved;(2)  states the number of front feet owned by each owner;(3)  describes, by lot and block number or by another method that identifies the property, the abutting property owned by each owner;  and(4)  estimates:(A)  the total cost of the improvement;(B)  the amount for each front foot to be assessed against abutting property and its owner;  and(C)  the total amount to be assessed against each owner.(b)  If there is no municipal engineer, the municipal official whose duties most closely correspond to those of a municipal engineer shall prepare and submit the statement.(c)  The governing body shall examine the statement and correct any error in the statement.(d)  An error or omission in a statement prepared under this section does not invalidate an assessment or a lien or claim of personal liability imposed under an assessment.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 315.065 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter D. Payment of Costs|Section 315.065. Notice of Hearing

Sec. 315.065.  NOTICE OF HEARING.  (a)  After the governing body of a municipality has examined and approved a statement prepared under Section 315.064, the governing body by resolution shall direct publication of notice of a hearing to owners of abutting property.(b)  Notice shall be published for 10 consecutive days in a daily newspaper of general circulation in the municipality where the lighting improvements are to be made.(c)  If there is no daily newspaper, the governing body shall notify the owners by registered mail before the 10th day before the date of the hearing.(d)  The notice must:(1)  state the place and time of the hearing;(2)  generally describe the lighting improvements;(3)  name any street to be improved;(4)  state the amount proposed to be assessed against abutting property for each front foot;  and(5)  notify each owner of abutting property and each interested person to appear at the hearing.(e)  The notice is not required to describe any property or to include the name of an owner.  The notice is nonetheless binding on and conclusive against an owner of abutting property or a person interested in or having a lien or claim on the property.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 315.066 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter D. Payment of Costs|Section 315.066. Hearing

Sec. 315.066.  HEARING.  (a)  A hearing:(1)  is before the governing body of the municipality;  and(2)  may not be held before the 10th day after the date of notice under Section 315.065.(b)  At any time before the close of the hearing, a person interested in property that may be claimed to be subject to assessment under this chapter is entitled to be heard on:(1)  any matter affecting the property itself;(2)  the benefit of the proposed improvement to the property;(3)  a claim of liability relating to the property;(4)  the proposed lighting improvements;(5)  any invalidity or irregularity in a proceeding regarding the proposed improvements;  or(6)  any other objection to the proposed improvements.(c)  An objection must be filed in writing.(d)  At the hearing, an interested person may:(1)  produce evidence and witnesses;  and(2)  appear in person or by attorney.(e)  The governing body:(1)  shall give a full hearing on an objection presented under this section;(2)  may, from time to time and without further notice, adjourn the hearing;(3)  may inquire into and determine all facts necessary to adjudicate an objection or ascertain the special benefit to an owner;  and(4)  shall render a just decision in each case.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 315.067 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter D. Payment of Costs|Section 315.067. Rules

Sec. 315.067.  RULES.  The governing body of a municipality may adopt rules governing hearings or notice of hearings that the governing body considers advisable to give all property owners a full hearing on assessments against them because of the special benefits.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 315.068 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter D. Payment of Costs|Section 315.068. Waiver of Objection

Sec. 315.068.  WAIVER OF OBJECTION.  An objection to an irregularity in a proceeding regarding proposed lighting improvements under this chapter or to the validity of an assessment or adjudication of personal liability against abutting property or an owner of abutting property is waived unless presented at the time and in the manner prescribed by Section 315.066.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 315.069 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter D. Payment of Costs|Section 315.069. Assessment Order

Sec. 315.069.  ASSESSMENT ORDER.  (a)  After the close of a hearing held under Section 315.066, the governing body of the municipality by ordinance shall assess against each owner of abutting property the proportionate cost of the lighting improvements as decided by the governing body.(b)  The ordinance shall:(1)  impose a lien on the property;(2)  declare the owner of the property personally liable for the amount assessed;  and(3)  prescribe the time and manner of payment of the assessed amount.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 315.070 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter D. Payment of Costs|Section 315.070. Installments

Sec. 315.070.  INSTALLMENTS.  (a)  The governing body may order the assessments payable in not more than six installments and prescribe the amount, time, and manner of payment of the installments.(b)  The last payment may not be deferred beyond the fifth anniversary of the municipality's acceptance of the completed lighting improvement.(c)  The ordinance shall prescribe the rate of interest, not to exceed seven percent a year, to be charged on deferred payments.(d)  The ordinance may provide for the maturity and collection of all deferred payments on the default of an installment of principal or interest.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 315.071 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter D. Payment of Costs|Section 315.071. Discharge of Obligation

Sec. 315.071.  DISCHARGE OF OBLIGATION.  An owner of abutting property may discharge the total amount assessed against the owner, or any installment of that amount, at any time before maturity, on payment of the amount with accrued interest.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 315.072 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter D. Payment of Costs|Section 315.072. Lien

Sec. 315.072.  LIEN.  (a)  An assessment under this subchapter against a property or property owner and any costs and reasonable attorney's fees incurred are a personal claim against the owner secured by a lien against the property.(b)  A lien under this section reverts back and takes effect as of the date of the original resolution ordering the lighting improvement.  Adoption of the resolution is notice of the lien to all persons.(c)  A person who owns property on the date of an ordinance providing for an assessment against the property under Section 315.069 is personally liable for that person's respective portion of the assessment.(d)  Assessing in one assessment more than one parcel of property owned by a single owner or owned jointly by two or more persons does not invalidate the assessment or a lien or claim of personal liability under the assessment.(e)  An error in the name of an owner of assessed property in the ordinance providing for the assessment does not invalidate the lien or personal liability created by the ordinance.  The lien or personal liability exists against the true owner of the property as if the owner had been correctly described.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 315.073 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter D. Payment of Costs|Section 315.073. Priority of Lien

Sec. 315.073.  PRIORITY OF LIEN.  A lien under Section 315.072 is superior to any other lien, claim, or title, except a municipal, county, or state tax.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 315.074 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter D. Payment of Costs|Section 315.074. Certificate of Obligation

Sec. 315.074.  CERTIFICATE OF OBLIGATION.  (a)  The governing body of a municipality may provide that:(1)  a contractor to whom work is let under this chapter may recover the costs assessed against abutting property and the owners of abutting property only from the property or property owners;  and(2)  the municipality has no liability for the costs.(b)  The governing body may also authorize assignable certificates against abutting property or owners of abutting property.(c)  A recital in a certificate that states that the procedure for making the lighting improvement was in compliance with law and that all prerequisites to imposing the lien and to creating the personal liability of the property owner were performed is prima facie evidence in all courts that the procedure and prerequisites were performed as stated in the certificate.(d)  A certificate authorized under this section shall be:(1)  executed by the municipality's chief executive;  and(2)  attested with the corporate seal by the municipal secretary or other officer designated by the governing body.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 315.075 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter D. Payment of Costs|Section 315.075. Payment From Available Money

Sec. 315.075.  PAYMENT FROM AVAILABLE MONEY.  (a)  The cost of lighting improvements made without a petition by property owners shall be paid by the municipality out of the municipality's available money.(b)  The amount paid by a municipality to a contractor under this section shall be reimbursed to the municipality by assessments against abutting property owners under this chapter.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 315.091 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter E. Judicial Proceedings|Section 315.091. Suit on Lien

Sec. 315.091.  SUIT ON LIEN.  Personal liability established under Section 315.072 may be enforced by bringing suit.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 315.092 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter E. Judicial Proceedings|Section 315.092. Suit to Contest Assessment or Proceeding

Sec. 315.092.  SUIT TO CONTEST ASSESSMENT OR PROCEEDING.  (a)  A person who has an interest in property that may be subject to assessment under this chapter or who has any other financial interest in a proposed lighting improvement or the manner in which the cost of the proposed improvement is to be paid may bring suit to contest on any ground:(1)  the validity of a proceeding held on the making of the improvement;  or(2)  the validity in whole or in part of an assessment, lien, or personal liability imposed by the proceeding.(b)  A suit under this section must be brought not later than the 10th day after the date on which the hearing under Section 315.066 concludes.(c)  The municipality and any person to whom a contract has been awarded shall be made defendants in a suit under this section.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 315.093 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter E. Judicial Proceedings|Section 315.093. Estoppel

Sec. 315.093.  ESTOPPEL.  (a)  A person who does not bring suit within the period prescribed by Section 315.092 or who does not diligently and in good faith prosecute a suit to final judgment may not contest or raise as a defense in another action the validity of a proceeding or an assessment, lien, or personal liability imposed by the proceeding.(b)  Estoppel under this section binds a person's heirs, successors, administrators, and assigns.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 315.094 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter E. Judicial Proceedings|Section 315.094. Affidavit

Sec. 315.094.  AFFIDAVIT.  (a)  In a suit brought under Section 315.092, an affidavit must be attached to the plaintiff's petition stating:(1)  that the matters alleged in the petition are true, except for matters alleged on information and belief;  and(2)  that the suit is brought in good faith and not to injure or delay the municipality, the contractor, or an owner of abutting property.(b)  If the plaintiff does not attach the affidavit required by this section, the court shall dismiss the suit on a defendant's motion and the plaintiff is barred to the same extent as if suit had not been brought.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 315.095 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter E. Judicial Proceedings|Section 315.095. Suspension of Work

Sec. 315.095.  SUSPENSION OF WORK.  When suit is brought under Section 315.092, the municipality or the contractor may suspend performance of work until a final judgment is rendered in the case and all appellate remedies are exhausted.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 315.096 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter E. Judicial Proceedings|Section 315.096. Appeal

Sec. 315.096.  APPEAL.  (a)  An appeal or writ of error must be perfected not later than the 30th day after the date of adjournment of the term of the court of original jurisdiction during which judgment was rendered in the suit.(b)  An appeal or writ of error under this section is entitled to precedence in state courts of appellate jurisdiction and shall be heard and determined as soon as practicable.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 316.001 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 316 - Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities or for Private Uses|Subchapter A. Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities|Section 316.001. Definitions

Sec. 316.001.  DEFINITIONS.  In this subchapter:(1)  "Municipal street" means the entire width of a way held by a municipality in fee or by easement or dedication that has a part open for public use for vehicular travel.  The term does not include a designated state or federal highway or road or a designated county road.(2)  "Roadway" means the portion of a municipal street that is improved, designed, or ordinarily used for vehicular travel.  The term does not include a curb, berm, or shoulder.(3)  "Sidewalk" means the portion of a municipal street between the curb lines or lateral lines of a roadway and the adjacent property lines that is improved and designed for or is ordinarily used for pedestrian travel.(4)  "Sidewalk cafe" means an outdoor dining area that is located on a sidewalk and that contains removable tables, chairs, planters, or related appurtenances.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 316.002 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 316 - Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities or for Private Uses|Subchapter A. Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities|Section 316.002. Permitted Improvements or Facilities on Municipal Street

Sec. 316.002.  PERMITTED IMPROVEMENTS OR FACILITIES ON MUNICIPAL STREET.  (a)  The governing body of a municipality may permit a person described by Subsection (b) to use property in the municipality on which a municipal street is located for the establishment or maintenance of:(1)  trees or decorative landscaping, including landscaping lighting, watering systems, or other accessories for the maintenance of the trees or landscaping;(2)  a sidewalk cafe that is:(A)  contiguous to a restaurant in which food preparation, sanitation, and related services for the cafe are performed;  and(B)  open to the air, except for any canopy, and not enclosed by fixed walls;(3)  an ornamental gate, column, or other ornamental work denoting the entrance to a neighborhood or platted and recorded subdivision;(4)  a supportive or decorative column, arch, or other structural or decorative feature of a building that is:(A)  of historical value or of unusual architectural design, character, or significance;  and(B)  50 or more years old at the time of application for a permit for the establishment or maintenance of the feature;  or(5)  an amenity for the convenience of the public in the use of the municipal streets for pedestrian or vehicular travel, including a transit bus shelter, drinking fountain, or bench.(b)  The governing body may grant permission under Subsection (a) only to:(1)  a person who owns the underlying fee title to the real property;  or(2)  an entity that holds a lease of the property from or has written permission to use the property from a person who owns the underlying fee title to the real property.(c)  An ornamental work described by Subsection (a)(3) may display the name of the neighborhood or subdivision, but may not contain commercial advertising or other signs.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 316.003 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 316 - Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities or for Private Uses|Subchapter A. Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities|Section 316.003. Finding Required

Sec. 316.003.  FINDING REQUIRED.  An improvement or facility described by Section 316.002(a) may not be established unless the governing body of the municipality, or a municipal official who is designated by ordinance to make the finding, finds that:(1)  the improvement or facility will not be located on, extend onto, or intrude on:(A)  the roadway;  or(B)  a part of the sidewalk needed for pedestrian use;(2)  the improvement or facility will not create a hazardous condition or obstruction of vehicular or pedestrian travel on the municipal street;  and(3)  the design and location of the improvement or facility includes all reasonable planning to minimize potential injury or interference to the public in the use of the municipal street.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 316.004 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 316 - Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities or for Private Uses|Subchapter A. Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities|Section 316.004. Permit Program

Sec. 316.004.  PERMIT PROGRAM.  (a)  A municipality by ordinance may establish a permit program under this subchapter.(b)  The governing body of the municipality shall include in the ordinance:(1)  provisions the governing body determines are necessary or desirable to protect, at the site of an applicant's proposed facility, the public, utility companies, and any person who has the right to use the municipal street;(2)  provisions that require:(A)  clearances between the facility or improvement and utility lines that comply with clearances from structures to utility lines required by a nationally recognized building code;(B)  a permit holder to provide a cash or surety bond in an amount approved by the municipality sufficient to cover the costs for the municipality or a public utility to remove the permit holder's facilities or improvements;  and(C)  a permit holder to pay the costs to relocate a municipal or public utility facility or improvement in a municipal street associated with the installation of a facility or improvement of the permit holder;  and(3)  a provision authorizing the municipality or a utility company or other person authorized by the municipality to remove, without liability, any part of a facility for which a permit has been issued if there is a lawful need for the site or for access to the site.(c)  The governing body may include in the ordinance:(1)  construction, maintenance, operation, and inspection requirements;(2)  public liability insurance requirements;(3)  a requirement that the applicant or permit holder pay for traffic and safety studies;(4)  provisions for conducting a public hearing on the issuance, renewal, or revocation of a permit, with notice and reporting expenses of the hearing to be paid by the applicant or permit holder;(5)  a requirement for indemnity agreements by abutting fee title land owners in the form of covenants that run with the title to the abutting land;  or(6)  a provision that authorizes the governing body, at its discretion, to terminate the permit without notice to the permit holder.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 316.005 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 316 - Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities or for Private Uses|Subchapter A. Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities|Section 316.005. Renewal of Prior Permit

Sec. 316.005.  RENEWAL OF PRIOR PERMIT.  The renewal of a permit issued before April 30, 1985, for an improvement or facility described by Section 316.002(a) must be renewed in the same manner as a permit issued under this subchapter.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|