reglab/housing_qa huggingface dataset:
TX Transp Code § 312.047 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 312 - Control of Highway Assets|Subchapter C. Hearing; Appeal; Property Lien|Section 312.047. Assessment Certificate

Sec. 312.047.  ASSESSMENT CERTIFICATE.  (a)  A municipality that makes an assessment under Section 312.022 may:(1)  issue in its name an assignable certificate that declares the liability of the owner and the assessed property;  and(2)  determine the terms and conditions of the certificate.(b)  A recital in a certificate that states that the procedure for making the improvement was in compliance with law and that all prerequisites to creating the assessment lien on the property and to creating the personal liability of the property owner were performed is prima facie evidence that the procedure and prerequisites were performed as stated in the certificate.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 312.061 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 312 - Control of Highway Assets|Subchapter D. Special Assessment|Section 312.061. Definition

Sec. 312.061.  DEFINITION.  In this subchapter, "improvement" means the opening, straightening, widening, paving, constructing, or grading of a street, alley, sidewalk, gutter, or public way.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 312.062 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 312 - Control of Highway Assets|Subchapter D. Special Assessment|Section 312.062. Assessment Following Void or Erroneous Assessment

Sec. 312.062.  ASSESSMENT FOLLOWING VOID OR ERRONEOUS ASSESSMENT.  (a)  The governing body of a municipality may assess property that abuts an improvement with the amount of the cost of the improvement if for any reason none of the cost of the improvement has been borne by the abutting property or its owner either because an attempted assessment and enforcement of the assessment was erroneous or void or was declared erroneous or void in a judicial proceeding and if:(1)  the municipality has spent public money on the improvement;(2)  a municipal voucher or certificate has been issued to a contractor;  or(3)  the municipality has contracted for the improvement.(b)  The assessment may not exceed the special benefit the property receives in enhanced value to the property.(c)  The amount of the special benefit is to be determined on a basis of the condition of the improvement at the time of the assessment.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 312.063 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 312 - Control of Highway Assets|Subchapter D. Special Assessment|Section 312.063. Notice of Assessment

Sec. 312.063.  NOTICE OF ASSESSMENT.  (a)  An assessment may be made under this subchapter only if at least 10 days' written notice and an opportunity to be heard on the question of special benefits has been given to the owner of the property abutting the improvement.(b)  Notice under this section may be served personally or by publication in a newspaper of general circulation published in the municipality.(c)  If the owner of the property abutting the improvement is a railway and the property is assessed for improvements, notice shall be given by publication and by written notice delivered in person to the local agent of the railway or mailed postage paid at a post office in the municipality and properly addressed to the office of the railway at the address as shown on the last approved municipal tax roll.(d)  The governing body of the municipality may provide for the procedure and rules:(1)  for notice and a hearing under this section;  and(2)  to assess and collect the assessment.(e)  In this section, "railway" includes a street railway.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 312.064 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 312 - Control of Highway Assets|Subchapter D. Special Assessment|Section 312.064. Assessment Lien and Liability

Sec. 312.064.  ASSESSMENT LIEN AND LIABILITY.  (a)  An assessment under this subchapter is payable in not less than five equal, annual installments.(b)  An assessment under this subchapter is a lien against the abutting property and is a personal liability of the owner of the abutting property.  The assessment may not be construed as becoming due before the assessment is properly made in accordance with this subchapter.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 312.065 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 312 - Control of Highway Assets|Subchapter D. Special Assessment|Section 312.065. Time Limit on Assessment

Sec. 312.065.  TIME LIMIT ON ASSESSMENT.  (a)  A proceeding to assess property under this subchapter may not be started later than three years after the date on which the improvement abutting the property that is to be assessed is completed.(b)  If an original assessment on property has been in litigation, the time that the assessment was in litigation may not be computed in the time limit for assessment under Subsection (a).|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 312.066 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 312 - Control of Highway Assets|Subchapter D. Special Assessment|Section 312.066. Assessments in Certain Municipalities

Sec. 312.066.  ASSESSMENTS IN CERTAIN MUNICIPALITIES.  (a)  The amount of an assessment made by the governing body of a municipality with fewer than 5,000 inhabitants may equal the entire cost of a sidewalk, curb, gutter, or improvement other than a street intersection.(b)  The governing body of a municipality making an assessment under this section shall follow applicable procedures in Section 311.095.(c)  The amount of an assessment may not exceed the special benefit the property receives in enhanced value to the property.(d)  An assessment under this section may be made only after the owner of the abutting property has:(1)  been given notice of the assessment;  and(2)  the opportunity to contest the assessment before the governing body of the municipality.(e)  The governing body of the municipality may by ordinance adopt rules for the notice and opportunity to contest an assessment under this section.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 312.067 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 312 - Control of Highway Assets|Subchapter D. Special Assessment|Section 312.067. Right to Appeal

Sec. 312.067.  RIGHT TO APPEAL.  (a)  A property owner against whose property or against whom an assessment has been made may appeal to a court the decision of the governing body of the municipality.  The appeal must be brought not later than the 20th day after the date on which an assessment is made.(b)  An assessment becomes final at the end of the period provided for appeal if an appeal is not brought.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 313.001 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 313 - Street Improvements and Assessments in Certain Municipalities|Subchapter A. General Provisions|Section 313.001. Definitions

Sec. 313.001.  DEFINITIONS.  In this chapter:(1)  "Cost" includes an expense of engineering and other expense incident to construction of an improvement.(2)  "Governing body" means the governing body of a municipality.(3)  "Highway" includes any part of a street, alley, public place, or square, including a part left wholly or partly unimproved in connection with another street improvement.(4)  "Improvement" includes the following, liberally construed:(A)  filling, grading, raising, paving, or repairing a highway in a permanent manner;(B)  constructing, realigning, or repairing a curb, gutter, or sidewalk;(C)  widening, narrowing, or straightening a highway;  and(D)  an appurtenance or incidental to an improvement, including a drain or culvert.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 313.002 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 313 - Street Improvements and Assessments in Certain Municipalities|Subchapter A. General Provisions|Section 313.002. Applicability of Chapter

Sec. 313.002.  APPLICABILITY OF CHAPTER.  This chapter applies only to a municipality that has a population of more than 1,000.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 313.003 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 313 - Street Improvements and Assessments in Certain Municipalities|Subchapter A. General Provisions|Section 313.003. General Powers of Governing Body

Sec. 313.003.  GENERAL POWERS OF GOVERNING BODY.  (a)  The governing body of a municipality may:(1)  determine the necessity for and order the improvement of a highway in the municipality;(2)  contract for the construction of the improvement in the name of the municipality;  and(3)  provide for the payment of the cost of the improvement by the municipality or partly by the municipality and partly by assessments as provided by this chapter.(b)  The governing body by resolution, motion, order, or ordinance may exercise a power granted by this chapter unless this chapter specifically prescribes that the governing body act by ordinance.(c)  The governing body by resolution or ordinance may adopt rules appropriate to:(1)  the exercise of a power granted by this chapter;(2)  the method and manner of ordering or holding a hearing;  and(3)  giving notice of a hearing.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 313.021 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 313 - Street Improvements and Assessments in Certain Municipalities|Subchapter B. Improvements|Section 313.021. Highway Improvements Authorized

Sec. 313.021.  HIGHWAY IMPROVEMENTS AUTHORIZED.  (a)  A municipality may improve a highway within its limits.(b)  A municipality that has a population of more than 285,000 may make an improvement on a highway outside the municipality's limits if the improvement does not extend more than 150 feet from the municipal limits.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 313.022 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 313 - Street Improvements and Assessments in Certain Municipalities|Subchapter B. Improvements|Section 313.022. Contract for Improvement of Boundary Highway

Sec. 313.022.  CONTRACT FOR IMPROVEMENT OF BOUNDARY HIGHWAY.  (a)  A municipality may contract with another municipality for one municipality to make an improvement to a part of a highway as provided by this chapter and for the other to pay a part of the cost of the improvement if:(1)  the boundary between the municipalities is on or along the highway or the edge of the highway;  and(2)  the governing bodies of the municipalities determine the improvement is necessary.(b)  Either municipality may use its money for the improvement under the contract without regard to whether the highway is within the municipality's limits.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 313.023 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 313 - Street Improvements and Assessments in Certain Municipalities|Subchapter B. Improvements|Section 313.023. Payment for Improvement

Sec. 313.023.  PAYMENT FOR IMPROVEMENT.  Payment for an improvement under this chapter may be paid entirely by the municipality or may be paid partly by the municipality and partly by property abutting the part of the highway ordered to be improved and the owners of that property.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 313.024 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 313 - Street Improvements and Assessments in Certain Municipalities|Subchapter B. Improvements|Section 313.024. Estimate of Cost

Sec. 313.024.  ESTIMATE OF COST.  If part of the cost of an improvement is to be paid by the property abutting the part of the highway to be improved and the owner of the property, the governing body shall prepare an estimate of the cost of the improvement before the improvement is constructed and before the hearing provided by Section 313.048 is held.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 313.041 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 313 - Street Improvements and Assessments in Certain Municipalities|Subchapter C. Assessments|Section 313.041. Definition

Sec. 313.041.  DEFINITION.  In this subchapter, "railway" includes a street railway and an interurban.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 313.042 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 313 - Street Improvements and Assessments in Certain Municipalities|Subchapter C. Assessments|Section 313.042. Assessment Ordinance

Sec. 313.042.  ASSESSMENT ORDINANCE.  (a)  The governing body of a municipality by ordinance may assess the cost of an improvement under this chapter against property that abuts the highway or part of the highway the municipality orders to be improved and against the owner of the property.(b)  Except as provided by Subsection (c), the governing body may not assess more than nine-tenths of the estimated cost of an improvement against properties or their owners.(c)  The entire cost of constructing, repairing, or realigning a curb, gutter, or sidewalk may be assessed against the property and its owner.(d)  The ordinance may:(1)  prescribe the terms of payment and default of the assessment;  and(2)  prescribe the rate of interest to be paid on the assessment, not to exceed the greater of:(A)  eight percent a year;  or(B)  the rate payable by the municipality on its most recently issued general obligation bonds, determined as of the date of the notice provided by Section 313.047.(e)  An assessment against abutting property is:(1)  a lien on the property that is superior to any other lien or claim except a lien or claim for ad valorem taxes;  and(2)  a personal liability and charge against the owner of the property, regardless of whether the owner is named.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 827, Sec. 2, eff. Sept. 1, 2001.|
TX Transp Code § 313.043 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 313 - Street Improvements and Assessments in Certain Municipalities|Subchapter C. Assessments|Section 313.043. Assessment Against Parcels Owned Jointly

Sec. 313.043.  ASSESSMENT AGAINST PARCELS OWNED JOINTLY.  (a)  A single assessment may be made against multiple parcels of property owned by the same person.(b)  Property owned jointly may be assessed jointly.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 313.044 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 313 - Street Improvements and Assessments in Certain Municipalities|Subchapter C. Assessments|Section 313.044. Assessment Apportioned Under Front Foot Rule Unless Inequitable

Sec. 313.044.  ASSESSMENT APPORTIONED UNDER FRONT FOOT RULE UNLESS INEQUITABLE.  (a)  A cost of an improvement that is assessed against abutting property and the owners of the property shall be apportioned among the parcels of abutting property and the owners of the property in accordance with the front foot rule.(b)  If, in the opinion of the governing body, the application of the front foot rule in a particular case would result in injustice or inequality, the governing body shall apportion and assess the costs in the proportion it determines just and equitable, considering:(1)  the special benefit the property and the owner receive in enhanced value to the property;(2)  the equities of the owners;  and(3)  the adjustment of the apportionment so as to produce a substantial equality of benefits received and burdens imposed.(c)  The entirety of a parcel of real property abutting the highway proposed for assessment is subject to the assessment irrespective of subdivision or partial sale after the date on which the notice was mailed if:(1)  an assessment is imposed by ordinance;  and(2)  the municipality has delivered to the county clerk for recording a notice of the proposed assessment that describes, or describes by reference, each abutting parcel.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 313.045 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 313 - Street Improvements and Assessments in Certain Municipalities|Subchapter C. Assessments|Section 313.045. Assessment or Tax on Railways for Certain Improvements

Sec. 313.045.  ASSESSMENT OR TAX ON RAILWAYS FOR CERTAIN IMPROVEMENTS.  (a)  The governing body of a municipality may assess against a railway that uses, occupies, or crosses a highway the cost of a highway improvement in the area between, under, or in the area extending two feet outside of the railway's rails, tracks, double tracks, turn outs, or switches.(b)  The governing body by ordinance may impose a special tax on the railway and its roadbed, ties, rails, fixtures, rights, and franchises.(c)  The tax imposed under Subsection (b) is a lien on the railway and its roadbed, ties, rails, fixtures, rights, and franchises that is superior to any other lien or claim except county or municipal ad valorem taxes.(d)  A tax lien imposed under Subsection (c) may be enforced by:(1)  sale of the property in the manner provided by law for the collection of ad valorem taxes by the municipality;  or(2)  suit.(e)  The ordinance imposing the special tax must prescribe the terms of payment of the tax.(f)  The rate of interest may not exceed the greater of:(1)  eight percent a year;  or(2)  the rate payable by the municipality on its most recently issued general obligation bonds, determined as of the date of the notice provided by Section 313.047.(g)  If the special tax imposed under Subsection (b) is not paid when due, the municipality may collect the tax, interest, expenses of collection, and reasonable attorney's fees, if incurred.(h)  The governing body may issue assignable certificates in evidence of an assessment as provided by Section 313.052.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 313.046 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 313 - Street Improvements and Assessments in Certain Municipalities|Subchapter C. Assessments|Section 313.046. Assessment for Improvement of Boundary Highway

Sec. 313.046.  ASSESSMENT FOR IMPROVEMENT OF BOUNDARY HIGHWAY.  (a)  If part of the boundary of a municipality is on or along a highway, the municipality may improve that part of the highway and assess a part of the cost of the improvement against the abutting property on both sides of the highway as provided by Section 313.048.(b)  If the highway is wholly or partly in another municipality, the improvement and assessments are subject to consent of the governing body of the other municipality.(c)  An assessment imposed under Section 313.048 against abutting property that is in a municipality other than the municipality initiating the improvement is valid only if the governing body of the other municipality by ordinance or resolution ratifies the assessment.(d)  A person who owns or claims the abutting property has, in addition to the right of appeal provided by Section 313.049, the right of appeal from an assessment for 15 days after the date the ratifying ordinance or resolution is adopted by the governing body of the other municipality.(e)  If the governing body of the other municipality does not ratify the assessment within 30 days after the date of the ordinance or resolution imposing the assessment, the municipality that initiated the improvement may repeal and annul all of the assessment proceedings, including a contract for the improvement.(f)  The failure of the governing body of the other municipality to ratify an assessment does not affect the validity of an assessment imposed against property that is in the municipality that initiated the improvement.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 313.048 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 313 - Street Improvements and Assessments in Certain Municipalities|Subchapter C. Assessments|Section 313.048. Hearing

Sec. 313.048.  HEARING.  (a)  A hearing under this subchapter shall be before the governing body of the municipality.(b)  The owner of property abutting a proposed improvement or the owner of an affected railway is entitled to:(1)  be heard on any matter for which a hearing is a constitutional prerequisite to the validity of an assessment under this chapter;  and(2)  contest:(A)  the amount of the proposed assessment;(B)  the lien and liability for the assessment;(C)  the special benefit of the proposed improvement to the abutting property and the owner of the abutting property;  and(D)  the accuracy, sufficiency, regularity, or validity of the proceedings or contract for the improvement and proposed assessment.(c)  The governing body may:(1)  correct an error, inaccuracy, irregularity, or invalidity;(2)  supply a deficiency;(3)  determine the amount of an assessment;(4)  determine any other necessary matter;  and(5)  by ordinance, end the hearing and impose the assessment before, during, or after the construction of the improvement.(d)  An assessment may not:(1)  exceed the enhanced value to the property as determined at the hearing;  or(2)  be made to mature before the municipality accepts the improvement for which the assessment is imposed.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 313.049 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 313 - Street Improvements and Assessments in Certain Municipalities|Subchapter C. Assessments|Section 313.049. Appeal of Assessment

Sec. 313.049.  APPEAL OF ASSESSMENT.  (a)  A person who owns or claims an interest in assessed property or in an assessed railway may bring suit to contest:(1)  the amount of the assessment;(2)  an inaccuracy, irregularity, invalidity, or insufficiency of the proceedings or contract relating to the assessment or the improvements;  or(3)  any matter or thing not in the discretion of the governing body.(b)  The suit must be brought not later than the 15th day after the date the assessment is imposed.(c)  After the period provided by Subsection (b), a person who fails to bring suit:(1)  waives every matter the hearing might have addressed;  and(2)  is barred from contesting or questioning in any manner or for any reason:(A)  the assessment;(B)  the amount, accuracy, validity, regularity, or sufficiency of the assessment;(C)  the assessment proceedings;  or(D)  a contract relating to the assessment or the improvement.(d)  This section applies to an assessment made under Section 313.048 or 313.050.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|