reglab/housing_qa huggingface dataset:
TX Transp Code § 314.043 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 314 - Purchase or Condemnation of Property for Highways by Certain Municipalities|Subchapter D. Assessments|Section 314.043. Notice to County Clerk of Assessment

Sec. 314.043.  NOTICE TO COUNTY CLERK OF ASSESSMENT.  (a)  A governing body that proposes to assess property abutting an improvement shall file notice with the county clerk of each county in which the property is located.  The notice must be signed in the name of the municipality by its clerk, secretary, or mayor or the officer performing the duties of the clerk, secretary, or mayor.(b)  The notice required by Subsection (a) must:(1)  show substantially that the governing body has determined it necessary that the street be improved;(2)  give the name of:(A)  the street and the names of the two cross streets or other approximate lengthwise limits between which the street is to be or has been improved or otherwise identify or designate the street and the portion of the street to be improved;  and(B)  the subdivision and affected blocks if the street abuts a subdivision for which a plat has been recorded in the county clerk's office;  and(3)  state that a portion of the cost of the improvement is to be or has been specifically assessed as a lien on property abutting the street.(c)  A notice filed under Subsection (a) may include one or more streets or improvements.(d)  A governing body that proposes to assess property not abutting the improvement shall file a notice signed as required by Subsection (a) with the clerk of each county where the property is located.(e)  The notice required by Subsection (d) must:(1)  designate the property proposed to be assessed or the district within which assessments have been or may be made;  or(2)  otherwise identify the property against which a lien is proposed to be assessed.(f)  A notice required by Subsection (a) or (d) need not give details or be sworn to or acknowledged.  The notice may be filed at any time, and the county clerk with whom the notice is filed shall:(1)  record the notice in the same class of records as a mortgage or deed of trust;  and(2)  index the notice in the name of the municipality and in the name or other designation of the street to which the notice relates.(g)  Substantial compliance with this section is sufficient.(h)  In this section, "street" includes any part of a street, alley, highway, public place, or square.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 827, Sec. 3, eff. Sept. 1, 2001.|
TX Transp Code § 314.044 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 314 - Purchase or Condemnation of Property for Highways by Certain Municipalities|Subchapter D. Assessments|Section 314.044. Hearing on Assessment

Sec. 314.044.  HEARING ON ASSESSMENT.  (a)  At a hearing under Section 314.042(a), an owner, lienholder, or other interested party may:(1)  object in writing to an assessment, special benefit to the property, invalidity of the assessment, or any prerequisite to the assessment;  and(2)  present testimony in support of the objection.(b)  The governing body or the commission shall determine the amounts, if any, to be assessed.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 314.045 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 314 - Purchase or Condemnation of Property for Highways by Certain Municipalities|Subchapter D. Assessments|Section 314.045. Lien

Sec. 314.045.  LIEN.  (a)  An assessment creates a lien on property prior to all other liens except a lien for ad valorem taxes.(b)  The lien takes effect on the filing of the notice provided by Section 314.043(a) or (d).|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 314.046 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 314 - Purchase or Condemnation of Property for Highways by Certain Municipalities|Subchapter D. Assessments|Section 314.046. Assessments Levied

Sec. 314.046.  ASSESSMENTS LEVIED.  (a)  The governing body may make an assessment only by ordinance.(b)  An assessment may:(1)  be made payable in not more than 16 installments maturing within 15 years;  and(2)  bear interest at not more than eight percent a year.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 314.047 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 314 - Purchase or Condemnation of Property for Highways by Certain Municipalities|Subchapter D. Assessments|Section 314.047. Hearing on Assessment Before Condemnation Commission

Sec. 314.047.  HEARING ON ASSESSMENT BEFORE CONDEMNATION COMMISSION.  (a)  The governing body may provide that the condemnation commissioners hold the hearing required under Section 314.042(a).(b)  The commission that holds the hearing:(1)  shall give notice as required by Section 314.042;  and(2)  has the powers and duties conferred by this chapter on the governing body except as otherwise provided by this chapter.(c)  At the conclusion of the hearing, the commission shall report in writing its findings to the governing body.  The governing body shall:(1)  examine the report and, if it finds the report to be correct, approve the report;  and(2)  make an assessment in the proper amount against property and the owner of property found to be benefited by the improvement.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 314.048 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 314 - Purchase or Condemnation of Property for Highways by Certain Municipalities|Subchapter D. Assessments|Section 314.048. Certificates

Sec. 314.048.  CERTIFICATES.  The municipality may:(1)  issue assignable certificates payable to the municipality or the purchaser of the certificates stating the liability of the property and the owner of the property for the payment of assessments;  and(2)  set the terms of the certificates, including the time of payment, conditions of default, and date of maturity.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 314.049 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 314 - Purchase or Condemnation of Property for Highways by Certain Municipalities|Subchapter D. Assessments|Section 314.049. Enforcement of Assessment

Sec. 314.049.  ENFORCEMENT OF ASSESSMENT.  An assessment may be enforced by:(1)  suit brought by the municipality for the benefit of a holder and owner of an assessment or a certificate issued on the assessment;(2)  suit brought by a holder and owner of an assessment or a certificate issued on the assessment;  or(3)  sale of the assessed property in the same manner as nearly as possible as the sale of real property for municipal taxes.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 314.050 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 314 - Purchase or Condemnation of Property for Highways by Certain Municipalities|Subchapter D. Assessments|Section 314.050. Suit on Certificate

Sec. 314.050.  SUIT ON CERTIFICATE.  In a suit to enforce a certificate issued under Section 314.048, the recitals of the certificate are sufficient to allege the proceedings of the governing body in making the improvements, the assessment for the improvements, and all prerequisites to the assessment.  The allegations contained in the recitals need not be stated in the pleadings.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 314.051 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 314 - Purchase or Condemnation of Property for Highways by Certain Municipalities|Subchapter D. Assessments|Section 314.051. Reassessments

Sec. 314.051.  REASSESSMENTS.  (a)  An error in a proceeding under this chapter, the description of property, or the name of the owner does not invalidate an assessment, and an assessment is in effect against the property and the owner of the property.(b)  A governing body that is advised of an error shall correct the error.(c)  At the request of an interested party, the governing body shall, after notice and hearing that comply with this chapter, reassess an owner or property erroneously assessed in accordance with special benefits as provided by this chapter as to original assessments.  The governing body may set the terms of payment of a reassessment and may issue assignable certificates evidencing the reassessment in the same manner as for an original assessment.(d)  The governing body may not make a reassessment later than six years after the date of the ordinance making the original assessment.  If the reassessment is contested in an action at law, the time consumed in the action is not included in computing the six years.(e)  In making a reassessment, the governing body is not required to repeat an action relating to the original assessment, except as required by Subsection (c).|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 314.052 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 314 - Purchase or Condemnation of Property for Highways by Certain Municipalities|Subchapter D. Assessments|Section 314.052. Deficiency Assessments

Sec. 314.052.  DEFICIENCY ASSESSMENTS.  (a)  If, after an assessment is made under this chapter, the amount assessed and apportioned is insufficient to defray all the costs of an improvement:(1)  the governing body may assess the deficiency against property specially benefited and the owners of the property and apportion the deficiency among them, after notice and hearing as provided by this chapter and after complying with each provision of this chapter applicable to original assessments;  or(2)  a deficiency assessment may be made after notice and hearing before the commission in the manner provided by Section 314.047.(b)  A municipality may issue assignable certificates evidencing the deficiency assessment.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 314.053 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 314 - Purchase or Condemnation of Property for Highways by Certain Municipalities|Subchapter D. Assessments|Section 314.053. Suit to Set Aside or Correct Assessment or Reassessment

Sec. 314.053.  SUIT TO SET ASIDE OR CORRECT ASSESSMENT OR REASSESSMENT.  (a)  A suit to set aside or correct an assessment or reassessment or a proceeding relating to the assessment or reassessment because of an error or invalidity in the assessment or reassessment must be brought by a property owner against whom or whose property an assessment or reassessment has been made not later than the 10th day after the date of the assessment or reassessment.(b)  After the deadline prescribed by Subsection (a), the owner and the owner's heirs, successors, and assigns are barred from bringing an action described by that subsection or objecting to the validity of an assessment, reassessment, or proceeding.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 314.054 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 314 - Purchase or Condemnation of Property for Highways by Certain Municipalities|Subchapter D. Assessments|Section 314.054. Validity of Assessment

Sec. 314.054.  VALIDITY OF ASSESSMENT.  An assessment or reassessment is valid and binding without regard to:(1)  an error, omission, or invalidity in a proceeding of the municipality under this chapter with reference to:(A)  the making of an improvement provided by this chapter;(B)  the taking or condemnation of property for an improvement;  or(C)  the determination and payment of damages for property taken or damaged;  or(2)  whether as of the date of the assessments the improvement was completed.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 315.001 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter A. General Provisions|Section 315.001. Definitions

Sec. 315.001.  DEFINITIONS.  In this chapter:(1)  "Abutting property" means property abutting a street on which lighting improvements are made or proposed to be made.(2)  "Special benefit" means the amount of enhanced value that a property receives as a result of lighting improvements.(3)  "Street" includes a portion, not less than one block, of a street.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 315.002 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter A. General Provisions|Section 315.002. Applicability

Sec. 315.002.  APPLICABILITY.  This chapter applies only to a municipality with a population of more than 5,000.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 315.021 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter B. Authority and Initial Procedures|Section 315.021. Establishment of Lighting Improvements

Sec. 315.021.  ESTABLISHMENT OF LIGHTING IMPROVEMENTS.  (a)  A municipality may install and maintain lighting improvements for a local public street as provided by this chapter if the governing body of the municipality adopts a resolution:(1)  on its own motion if:(A)  the governing body considers it more advantageous to the public;  and(B)  public money is available for that purpose;  or(2)  following the receipt of a petition from the owners of property abutting a street to install and maintain street lighting improvements.(b)  Adoption of the resolution is conclusive of the public necessity and benefit of the lighting improvements.  Failure to give notice of the adoption of a resolution does not affect the resolution's validity.(c)  The resolution must describe:(1)  the nature and extent of the lighting improvements to be made;(2)  any street or district composed of streets, highways, or alleys to be lighted;(3)  the materials to be used;  and(4)  the method of paying the cost of the improvements.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 315.022 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter B. Authority and Initial Procedures|Section 315.022. Contents of Petition

Sec. 315.022.  CONTENTS OF PETITION.  (a)  A petition submitted under Section 315.021(a)(2) must:(1)  state that a street or a district composed of streets, highways, or alleys should be lighted;(2)  state that lighting improvements are needed for that purpose;(3)  name and describe the street or district to be lighted;(4)  state that the lighting will be a public improvement and will be conducive to the public welfare;  and(5)  be signed by a majority of the owners of property abutting streets designated in the petition.(b)  A petition submitted under Section 315.021(a)(2) may:(1)  provide plans and specifications for the requested lighting improvements;  and(2)  specify the kind of poles, lights, or other material necessary to properly install the improvements or any part of the necessary material.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 315.023 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter B. Authority and Initial Procedures|Section 315.023. Plans and Specifications

Sec. 315.023.  PLANS AND SPECIFICATIONS.  (a)  The governing body may:(1)  order the use of all or any part of the materials specified in the petition in constructing the lighting improvements;(2)  if materials specified in the petition are not available, order the use of materials similar in kind and quality to the specified materials;  or(3)  reject any or all plans and specifications included in the petition and have new plans and specifications prepared by the municipal engineer.(b)  On adoption of a resolution as provided by Section 315.021, the municipal engineer shall:(1)  prepare plans and specifications for the lighting improvements ordered by the resolution;  and(2)  submit the completed plans and specifications to the governing body for approval.(c)  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 plans and specifications.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 315.024 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter B. Authority and Initial Procedures|Section 315.024. Ownership and Control

Sec. 315.024.  OWNERSHIP AND CONTROL.  After lighting improvements made under this chapter are installed and accepted by the municipality, the improvements become a part of the municipality's lighting system.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 315.025 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter B. Authority and Initial Procedures|Section 315.025. Use of Available Money

Sec. 315.025.  USE OF AVAILABLE MONEY.  A municipality may use available money to assist in financing lighting improvements.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 315.041 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter C. Bids and Contracts|Section 315.041. Advertisement for Bid

Sec. 315.041.  ADVERTISEMENT FOR BID.  (a)  On approval and adoption of plans and specifications by the governing body of a municipality, the municipal secretary or other officer designated by the governing body shall advertise for sealed bids for installing the lighting improvements according to the specifications.(b)  The advertisement shall be published in a daily newspaper of general circulation in the municipality and shall state the time within which bids may be received.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 315.042 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter C. Bids and Contracts|Section 315.042. Filing of Bid

Sec. 315.042.  FILING OF BID.  (a)  The governing body of a municipality may prescribe a period of not less than 10 or more than 15 days after the date on which the advertisement for bids is published within which bids may be received.(b)  Bids shall be filed with the municipal secretary or another officer designated by the governing body.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|Sec. 315.043.  AMENDMENT OF BID PROHIBITED.  A bid may not be amended after it has been filed.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 315.044 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter C. Bids and Contracts|Section 315.044. Opening of Bids; Acceptance or Rejection

Sec. 315.044.  OPENING OF BIDS;  ACCEPTANCE OR REJECTION.  (a)  Bids shall be opened and read at a public meeting of the governing body of a municipality.(b)  The governing body may:(1)  accept a bid it considers most advantageous to the owners of abutting property;  or(2)  reject any or all bids.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 315.045 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter C. Bids and Contracts|Section 315.045. Contracts

Sec. 315.045.  CONTRACTS.  (a)  After the governing body of a municipality has accepted a bid for lighting improvements, the municipality shall contract with a contractor whose bid has been accepted.(b)  A contract 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 § 315.061 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter D. Payment of Costs|Section 315.061. Authority to Assess Costs

Sec. 315.061.  AUTHORITY TO ASSESS COSTS.  (a)  A municipality may assess against owners of abutting property who will specially benefit from lighting improvements the entire cost, including labor and material, of installing the improvements.(b)  A municipality may impose a lien against abutting property to secure the payment of the assessment against that property.(c)  Costs may not be assessed against any property or property owner and personal liability for costs may not be finally determined until after the hearing under Section 315.066 and the adjustment of equities between or among abutting property owners under Section 315.063.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 315.062 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter D. Payment of Costs|Section 315.062. Method of Assessment

Sec. 315.062.  METHOD OF ASSESSMENT.  (a)  An assessment against abutting property or an owner of abutting property shall be made according to the frontage of that property on a street to be improved in proportion to the total frontage on all streets to be improved.(b)  The costs shall be apportioned according to the frontage or front foot rule but may not exceed the special benefit to the property.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 315.063 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 315 - Artificial Lighting|Subchapter D. Payment of Costs|Section 315.063. Adjustment of Equities

Sec. 315.063.  ADJUSTMENT OF EQUITIES.  If the governing body of a municipality considers that assessing and apportioning costs as provided by Section 315.062 would be unjust or unequal in a particular case, the governing body shall assess and apportion the costs justly and equally, considering the special benefit to each owner, the equities of the owners, and the adjustment of the apportionment, so as to produce a substantial equality of benefits received by and burdens imposed on each owner.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|