reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter E. Financing Improvements › Section 311.096. Cost of Sidewalk in Type a General-Law Municipality

Sec. 311.096.  COST OF SIDEWALK IN TYPE A GENERAL-LAW MUNICIPALITY.  (a)  The governing body of a Type A general-law municipality may require the owner of a lot, or part of a lot or block, in front of which the municipality constructs a sidewalk to pay the cost of the construction.
(b)  If necessary to collect the cost of the construction, the municipality shall sell the lot, or the part of the lot or block, in the manner the governing body of the municipality by ordinance provides.  The municipality may keep an amount of the sale proceeds that covers the cost of the construction and the cost of collection.  The municipality shall pay to the owner the balance of the sale proceeds.
(c)  The sale of the lot, or the part of the lot or block, under this section conveys a good title to the purchaser.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter Z. Miscellaneous Provisions › Section 311.901. Regulation of Animals on Street of Type a General-Law Municipality

Sec. 311.901.  REGULATION OF ANIMALS ON STREET OF TYPE A GENERAL-LAW MUNICIPALITY.  The governing body of a Type A general-law municipality may:
(1)  prohibit or suppress horse racing on a street or immoderate riding or driving of an animal on a street;  or
(2)  require a person to fasten in place the person's horse or other animal remaining in a street.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter Z. Miscellaneous Provisions › Section 311.902. Street Lighting in Type a General-Law Municipality

Sec. 311.902.  STREET LIGHTING IN TYPE A GENERAL-LAW MUNICIPALITY.  The governing body of a Type A general-law municipality may:
(1)  provide for and regulate the lighting of a street;
(2)  create or change lamp districts;  or
(3)  exclusively regulate or direct the laying or repairing of gas pipes and gas fixtures in a street, alley, sidewalk, or other place.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter Z. Miscellaneous Provisions › Section 311.903. Street Work Required of Inhabitant in Type B General-Law Municipality

Sec. 311.903.  STREET WORK REQUIRED OF INHABITANT IN TYPE B GENERAL-LAW MUNICIPALITY.  (a)  The governing body of a Type B general-law municipality may require the male inhabitants of the municipality who are at least 18 years of age but younger than 46 years of age to work on the streets and public alleys.  The period of work may not exceed five days in a year.
(b)  Instead of performing the work, a person may furnish a substitute to perform the work or may pay a sum not to exceed $1 for each day of work demanded so that a substitute may be employed.
(c)  The requirement does not apply to a minister of the gospel actually engaged in the discharge of the minister's duties.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter Z. Miscellaneous Provisions › Section 311.904. Former President's Street in Home-Rule Municipality

Sec. 311.904.  FORMER PRESIDENT'S STREET IN HOME-RULE MUNICIPALITY.  A home-rule municipality, alone or in conjunction with another person, may regulate or restrict access to a street or alley in the municipality on which the dwelling of a former president of the United States is located.  This authority includes the authority to install and maintain a fence, gate, or other structure.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 312 - Control of Highway Assets › Subchapter A. General Provisions › Section 312.001. Definitions

Sec. 312.001.  DEFINITIONS.  In this subchapter and in Subchapters B and C:
(1)  "Highway" includes all or any part of a street, alley, or public place or square that is dedicated to public use.
(2)  "Improvement" means the:
(A)  filling, grading, raising, or paving of a highway in a permanent manner;
(B)  widening, narrowing, or straightening of a highway;
(C)  constructing of a gutter, curb, or sidewalk;  or
(D)  constructing of necessary appurtenances to a highway, including sewers and drains.
(3)  "Railway" includes a street railway.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 312 - Control of Highway Assets › Subchapter A. General Provisions › Section 312.002. Applicability and Adoption of Subchapters

Sec. 312.002.  APPLICABILITY AND ADOPTION OF SUBCHAPTERS.  (a)  This subchapter and Subchapters B and C apply only to a municipality that has adopted those subchapters as provided by this section.
(b)  To adopt the subchapters, the governing body of a municipality must submit the question of the adoption to voters of the municipality at a special election called for that purpose.
(c)  The governing body of a municipality by resolution:
(1)  may order the election;  and
(2)  shall order the election if the governing body is presented with a petition for an election that is signed by at least 100 of the registered voters of the municipality.
(d)  If the majority of the votes cast in the election favor the adoption of the subchapters, the governing body shall enter the result in its minutes.  On entry of the result, the subchapters apply to the municipality.  A certified copy of the minutes is prima facie evidence of the regularity of the election and its result.
(e)  The governing body of a municipality that adopts the subchapters may adopt any ordinance or resolution to implement the subchapters.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 312 - Control of Highway Assets › Subchapter A. General Provisions › Section 312.003. Highway Improvement

Sec. 312.003.  HIGHWAY IMPROVEMENT.  A municipality may:
(1)  order the improvement of a highway in the municipality's limits;
(2)  select the materials and methods to be used in that construction;  and
(3)  contract for the construction in the name of the municipality.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 312 - Control of Highway Assets › Subchapter A. General Provisions › Section 312.004. Conflict of Laws

Sec. 312.004.  CONFLICT OF LAWS.  To the extent of a conflict between this subchapter or Subchapter B or C and a law granting a special charter to a municipality, the provision of the special charter controls.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 312 - Control of Highway Assets › Subchapter B. Assessments › Section 312.021. Payment for Improvement

Sec. 312.021.  PAYMENT FOR IMPROVEMENT.  (a)  Payment for an improvement under Subchapter A may be made either entirely by the municipality or partly by the municipality and partly by the owners of the abutting property.
(b)  The governing body of a municipality may use any available municipal money to pay the municipality's share of the cost of the improvement.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 312 - Control of Highway Assets › Subchapter B. Assessments › Section 312.022. Assessment Ordinance

Sec. 312.022.  ASSESSMENT ORDINANCE.  (a)  The governing body of a municipality by ordinance may assess the cost of an improvement made under Subchapter A against property that abuts and benefits from the improvement or against the owner of the property.
(b)  Except as provided by Subsection (c), the governing body may not assess more than three-fourths of the cost of an improvement against properties or property owners.
(c)  The entire cost of constructing a curb or sidewalk fronting property may be assessed against the property or its owner.
(d)  The ordinance may:
(1)  provide the terms of payment of an assessment;
(2)  provide a rate of interest to be paid on the assessment, not to exceed eight percent a year payable on deferred payments;
(3)  create a lien on the assessed property;  and
(4)  declare the assessment to be a personal liability of the owner of the assessed property.
(e)  The ordinance must provide for the collection of the:
(1)  assessment;  and
(2)  collection costs and reasonable attorney's fees incurred.
(f)  An assessment under this section is a lien securing the payment of the assessment.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 312 - Control of Highway Assets › Subchapter B. Assessments › Section 312.023. Assessment or Tax Against Railway

Sec. 312.023.  ASSESSMENT OR TAX AGAINST RAILWAY.  (a)  The governing body of a municipality may assess against the owner of a railroad that occupies a highway ordered to be improved the entire cost of the improvement made in the area between or under the rails or tracks or in the area extending two feet outside of the rails or tracks.
(b)  A municipality by ordinance may impose a special tax on a railway and its roadbed, ties, rails, fixtures, rights, and franchise.
(c)  An ordinance that imposes a special tax under this section must describe when the tax is due and delinquent and the method of enforcement.
(d)  A tax under Subsection (b) is a lien that is superior to any other lien or claim except a lien or claim for state, county, or municipal taxes.
(e)  A tax lien under Subsection (d) may be enforced by:
(1)  sale of the property in the manner provided by law in the collection of ad valorem taxes by the municipality;  or
(2)  suit against the owner.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 312 - Control of Highway Assets › Subchapter B. Assessments › Section 312.024. Correction of Error; Reassessment

Sec. 312.024.  CORRECTION OF ERROR;  REASSESSMENT.  (a)  The governing body of a municipality may correct a mistake or irregularity in a proceeding regarding an improvement or in an assessment of the cost of an improvement made against abutting property or its owner.
(b)  If an assessment is in error or is not valid, the governing body may reassess the cost of the improvement against abutting property or its owner.  A reassessment may not exceed the improvement's benefit in enhanced value to the property.
(c)  The governing body may adopt rules for giving notice to a property owner before a reassessment and for holding a hearing before a reassessment.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 312 - Control of Highway Assets › Subchapter C. Hearing; Appeal; Property Lien › Section 312.041. Hearing Required

Sec. 312.041.  HEARING REQUIRED.  (a)  An assessment against property abutting an improvement or against the owner of the property may be made under Subchapter B only after the property owner has a full hearing.
(b)  Reasonable notice of the hearing shall be given to the property owner or the owner's agent or attorney.
(c)  Notice of the hearing shall be published at least three times in a newspaper published in the municipality in which the assessment is to be made.  If that municipality does not have a newspaper, notice shall be published in the newspaper that is published nearest to the municipality and that is of general circulation in the county in which the municipality is located.
(d)  The first publication of the notice shall be made not later than the 10th day before the date of the hearing.
(e)  If the owner of the property is a railway, written notice of the assessment and hearing shall be:
(1)  delivered in person to the local agent of the railway;  or
(2)  mailed postage paid at a post office in the municipality and properly addressed to the office of the railway at the address shown on the last approved municipal tax roll.
(f)  Notice required by Subsection (e) shall be mailed or delivered not later than 10 days before the date of the hearing.
(g)  The governing body of the municipality may provide notice in addition to the notice required by this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 312 - Control of Highway Assets › Subchapter C. Hearing; Appeal; Property Lien › Section 312.042. Hearing

Sec. 312.042.  HEARING.  (a)  A hearing under this subchapter shall be before the governing body of the municipality.
(b)  An owner of property abutting a proposed improvement is entitled to contest at the hearing:
(1)  a proposed assessment or personal liability;
(2)  the regularity of the proceedings regarding the proposed improvement;
(3)  the benefit of the proposed improvement to the owner's property;  or
(4)  any related matter.
(c)  The amount of an assessment may not exceed the benefit the property owner receives in enhanced value to the property.
(d)  The enhanced value to the property shall be determined at the hearing.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 312 - Control of Highway Assets › Subchapter C. Hearing; Appeal; Property Lien › Section 312.043. Notice and Hearing: Rules

Sec. 312.043.  NOTICE AND HEARING:  RULES.  The governing body of a municipality by ordinance shall adopt rules providing for giving notice and hearing as provided by this subchapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 312 - Control of Highway Assets › Subchapter C. Hearing; Appeal; Property Lien › Section 312.044. No Lien on Exempt Property; Liability of Owner

Sec. 312.044.  NO LIEN ON EXEMPT PROPERTY;  LIABILITY OF OWNER.  (a)  This chapter does not authorize a municipality to create a lien by assessment against property that by law is exempt from sale under execution.
(b)  The owner of exempt property is personally liable for an assessment for the cost of an improvement fronting the property.
(c)  The omission of an improvement fronting exempt property does not invalidate an assessment lien made against nonexempt property on the improved highway.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 312 - Control of Highway Assets › Subchapter C. Hearing; Appeal; Property Lien › Section 312.045. Right to Appeal

Sec. 312.045.  RIGHT TO APPEAL.  (a)  A property owner against whose property or against whom the assessment has been made may bring suit to set aside or correct the assessment or any proceeding related to the assessment.  The suit or proceeding must be brought not later than the 20th day after the date on which an assessment is made.
(b)  After the period provided by Subsection (a), the property owner and the property owner's successors are barred from:
(1)  any action to set aside or correct the assessment or a related proceeding;  and
(2)  raising a defense that alleges the invalidity of the assessment or of a related proceeding in any action in which the invalidity may be raised.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 312 - Control of Highway Assets › Subchapter C. Hearing; Appeal; Property Lien › Section 312.046. Enforcement of Assessment Lien and Liability

Sec. 312.046.  ENFORCEMENT OF ASSESSMENT LIEN AND LIABILITY.  (a)  An assessment lien created against property or the personal liability of the property owner may be enforced by suit or by sale of the assessed property in the manner provided by law for the collection of municipal ad valorem taxes.
(b)  A recital in a deed to property sold under Subsection (a) that all legal prerequisites to the assessment and sale of the property have been performed is prima facie evidence that the procedures and prerequisites were performed as stated.
(c)  An assessment secured under Subchapter B by a lien on property is:
(1)  the first enforceable claim against the property;  and
(2)  superior to any other lien or claim except a lien or claim for state, county, or municipal taxes.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 313 - Street Improvements and Assessments in Certain Municipalities › Subchapter C. Assessments › Section 313.050. Correction of Assessments

Sec. 313.050.  CORRECTION OF ASSESSMENTS.  If an assessment is determined to be invalid or unenforceable, the governing body of the municipality may:
(1)  supply any deficiency in the assessment proceedings;
(2)  correct any mistake or irregularity in connection with the assessment;  and
(3)  at any time, make and impose a subsequent assessment after notice and hearing as nearly as possible in the manner this chapter provides for an original assessment and subject to the provisions of this chapter regarding special benefits.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 313 - Street Improvements and Assessments in Certain Municipalities › Subchapter C. Assessments › Section 313.051. No Lien on Exempt Property; Liability of Owner

Sec. 313.051.  NO LIEN ON EXEMPT PROPERTY;  LIABILITY OF OWNER.  (a)  This chapter does not authorize a lien against an interest in property that, at the time an improvement is ordered, is exempt from any lien created by an assessment for a street improvement.
(b)  Notwithstanding Subsection (a), the owner of exempt property is personally liable for an assessment in connection with the property.
(c)  The omission of an improvement fronting exempt property does not invalidate the lien or liability for an assessment made against nonexempt property.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 313 - Street Improvements and Assessments in Certain Municipalities › Subchapter C. Assessments › Section 313.052. Assessment Certificates

Sec. 313.052.  ASSESSMENT CERTIFICATES.  (a)  The governing body may issue in the name of the municipality an assignable certificate to evidence an assessment imposed.  The certificate may declare the lien on the property and the liability of the owner of the property regardless of whether the owner is correctly named.  The governing body may determine the terms of the certificate.
(b)  A recital in a certificate that states substantially that the procedure for making the improvement was in compliance with law and that all prerequisites to creating the assessment lien on the property the certificate describes and to creating the personal liability of the property owner were performed is prima facie evidence of those matters.
(c)  Subsection (b) applies to a recital in a certificate that evidences an assessment under Section 313.048 or 313.050.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 313 - Street Improvements and Assessments in Certain Municipalities › Subchapter C. Assessments › Section 313.053. Changes in Proceedings; Procedure

Sec. 313.053.  CHANGES IN PROCEEDINGS;  PROCEDURE.  (a)  The governing body of a municipality may change a plan, method, or contract for an improvement or other proceeding related to a plan, method, or contract for an improvement.
(b)  A change that substantially affects the nature or quality of an improvement may not be made unless the governing body determines, by a two-thirds vote, that it is impractical to proceed with the improvement.
(c)  If a substantial change is made after a hearing has been ordered or held, the governing body, in the same manner and with the same effect as provided for an original notice and hearing, shall:
(1)  make a new estimate of cost;
(2)  order and hold a new hearing;  and
(3)  give new notices.
(d)  If an improvement is abandoned, the new estimate, hearing, and notices are not required.
(e)  A change in or abandonment of an improvement must be with the consent of the person who contracted with the municipality for the construction of the improvement.
(f)  If an improvement is abandoned, a municipality shall adopt an ordinance that has the effect of canceling:
(1)  any assessment imposed for the abandoned improvement;  and
(2)  all other proceedings relating to the abandoned improvement.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 313 - Street Improvements and Assessments in Certain Municipalities › Subchapter C. Assessments › Section 313.054. Enforcement of Assessment; Priority of Lien; Defenses

Sec. 313.054.  ENFORCEMENT OF ASSESSMENT;  PRIORITY OF LIEN;  DEFENSES.  (a)  An assessment under this subchapter:
(1)  is collectible with interest, expense of collection, and reasonable attorney's fees, if incurred;
(2)  is a first and prior lien on the property on which the lien is created from the date the municipality orders the improvement;  and
(3)  is superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes.
(b)  A lien against property or the personal liability of a property owner that arises from an assessment made under this subchapter may be enforced by:
(1)  suit;  or
(2)  sale of the property assessed in the manner provided by law for sale of property for municipal ad valorem taxes.
(c)  In a suit on an assessment for which a certificate has been issued, it is sufficient to allege the substance of the recitals in the certificate and that the recitals are true.  Additional allegations about the assessment proceedings are not necessary in the suit.
(d)  In a suit to enforce an assessment, the only defenses are that:
(1)  the notice of the hearing:
(A)  was not mailed as required;
(B)  was not published;  or
(C)  did not contain the substance of a requirement prescribed for the notice;  or
(2)  the assessment exceeded the amount of the estimate.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 313 - Street Improvements and Assessments in Certain Municipalities › Subchapter C. Assessments › Section 313.055. Chapter Not Affected by Statements or Actions of Municipal Officers or Employees

Sec. 313.055.  CHAPTER NOT AFFECTED BY STATEMENTS OR ACTIONS OF MUNICIPAL OFFICERS OR EMPLOYEES.  Nothing said or done by an employee or officer of a municipality, including a member of the governing body of the municipality, as shown in the municipality's written proceedings and other records, affects this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 314 - Purchase or Condemnation of Property for Highways by Certain Municipalities › Subchapter A. General Provisions › Section 314.001. Applicability

Sec. 314.001.  APPLICABILITY.  This chapter applies only to a municipality with a population of more than 1,000.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.