reglab/statecodes huggingface dataset:
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 B. Authority to Purchase or Condemn Property › Section 314.011. Acquisition of Property for Highway Improvements by Municipality

Sec. 314.011.  ACQUISITION OF PROPERTY FOR HIGHWAY IMPROVEMENTS BY MUNICIPALITY.  (a)  The governing body of a municipality may purchase or condemn property to lay out, construct, improve, or extend any highway within its boundaries.
(b)  Costs incurred in making improvements, including the costs of purchase or condemnation of or damage to property and the costs of making assessments or issuing certificates under this chapter, may be paid from any municipal fund available for that purpose.
(c)  A municipality may sell property originally purchased for improvements but not used for the improvements on the terms it considers appropriate.  The proceeds from the sale shall be deposited in a fund that may be used only to pay for costs described by Subsection (b).
(d)  In this section, "highway" includes any street, alley, public place, or square dedicated to public use.
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 B. Authority to Purchase or Condemn Property › Section 314.012. Resolution

Sec. 314.012.  RESOLUTION.  (a)  A governing body that determines to proceed under this chapter shall declare its determination by resolution that may:
(1)  state the nature, extent, and limits of the improvement to be made;  and
(2)  describe the real property proposed to be condemned by:
(A)  the lot or block number;
(B)  the number of front feet;
(C)  the name of the owner;  or
(D)  any other description that substantially identifies the property.
(b)  A mistake or omission in the resolution does not invalidate it.
(c)  Passage of the resolution is conclusive evidence of the public use and necessity of the proposed 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 314 - Purchase or Condemnation of Property for Highways by Certain Municipalities › Subchapter B. Authority to Purchase or Condemn Property › Section 314.013. Survey

Sec. 314.013.  SURVEY.  (a)  On passage of the resolution, the municipal engineer or engineer designated by the governing body shall prepare and submit to the governing body:
(1)  a plat showing:
(A)  the nature and limits of the proposed improvements;
(B)  the location of the proposed improvements;  and
(C)  the property through which the improvements are to be extended and that is to be condemned for the improvements;  and
(2)  a written estimate of the total cost of:
(A)  the improvements;  and
(B)  each parcel of property to be condemned.
(b)  The governing body shall examine the plat and report and correct any errors.  An error or omission does not invalidate the plat or report or a subsequent proceeding held under the plat or report.
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 C. Procedure › Section 314.021. Appointment of Condemnation Commission

Sec. 314.021.  APPOINTMENT OF CONDEMNATION COMMISSION.  (a)  In addition to qualifying under Section 21.014(a), Property Code, a member of a condemnation commission must be a qualified voter.
(b)  If a commissioner dies, becomes disabled, refuses to act, becomes incapacitated, or is absent for more than 30 days from the county, the judge shall promptly, in term time or vacation, appoint a new commissioner having the qualifications prescribed by Subsection (a).  An action of the commission taken before the vacancy is valid.  After the vacancy is filled, the commission shall proceed and take all actions provided by this chapter as if a vacancy had not occurred.
(c)  A commissioner is entitled to receive as compensation not more than $10 for each day the commissioner is employed in the performance of the commissioner'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 314 - Purchase or Condemnation of Property for Highways by Certain Municipalities › Subchapter C. Procedure › Section 314.022. Notice of Condemnation

Sec. 314.022.  NOTICE OF CONDEMNATION.  (a)  The commission or the clerk, secretary, or recording officer of a municipality shall give written notice of a hearing before the commission to:
(1)  each owner of property proposed to be condemned or damaged;  and
(2)  each person with an interest in or lien on the property.
(b)  In addition to the requirements of Section 21.016(a), Property Code, the notice may contain:
(1)  a brief statement of the nature and extent of the proposed improvement;  and
(2)  a description of the property proposed to be condemned.
(c)  The description provided by Subsection (b)(2) may be by:
(1)  lot and block number;
(2)  front feet;
(3)  the name of each owner;  or
(4)  any other description that substantially identifies the property.
(d)  Notice of the hearing shall be given by publication for not less than three days in a newspaper of general circulation in the county in which the property is located beginning not later than the 10th day before the date of the hearing.
(e)  Notice by publication is valid and binding on each owner or other person with an interest in or lien on the property if it generally notifies the person to appear and be heard without specifically designating the person by name.  An error in the name of a person to whom the notice is directed does not invalidate the notice.
(f)  A copy of the notice shall be delivered to:
(1)  each owner, lienholder, or interested party who is a resident of the county where the property is located;
(2)  the agent or attorney of a person described by Paragraph (1);  or
(3)  the guardian of the owner if the owner is a minor.
(g)  The person serving the notice shall make a written return on the notice stating when and how the person served the notice.
(h)  The governing body may provide for additional notice, but notice by publication is valid and binding regardless of whether any other notice is given.
(i)  The governing body may provide for as many hearings in the course of condemnation proceedings as it determines necessary for whatever purposes it determines necessary.
(j)  A notice and a return of a notice shall be filed with 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 314 - Purchase or Condemnation of Property for Highways by Certain Municipalities › Subchapter C. Procedure › Section 314.023. Hearing on Condemnation

Sec. 314.023.  HEARING ON CONDEMNATION.  (a)  Each owner, lienholder, or other interested party is entitled to appear at the hearing in person or by agent and be heard regarding:
(1)  the value of the property proposed to be condemned;
(2)  the damages to property not condemned resulting from the improvement;
(3)  the legality of the proceedings;  or
(4)  any right of the owner or other party.
(b)  An objection must be in writing and filed with the commission.
(c)  The commission may not close the hearing until all interested parties appearing have been heard.  At the conclusion of the hearing, the commission shall:
(1)  determine the damages due the owners, lienholders, or other interested parties for property taken or damaged;
(2)  apportion the damages determined under Subdivision (1) among the owners, lienholders, or other interested parties;
(3)  date and sign two copies of a written report;  and
(4)  file one copy of the report with the clerk, secretary, or recording officer of the municipality and the second copy with the clerk of the court that appointed the commission.
(d)  The governing body may record in its minutes the following items relating to a condemnation proceeding:
(1)  proceedings of the governing body;
(2)  notices issued and returns of the notices;
(3)  orders, reports, and other proceedings of the commission;  and
(4)  certified copies of all orders or proceedings of a court.
(e)  A record made under Subsection (d) or a certified copy of the record is prima facie evidence of the facts in the record.
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 C. Procedure › Section 314.024. Objections

Sec. 314.024.  OBJECTIONS.  (a)  Not later than the 10th day after the date the commission files a report under Section 314.023 with the court, a party affected by the decision of the commission may file with the court an objection to the decision.
(b)  If an objection is not timely filed:
(1)  the determinations of the commission become final and binding on the parties and their heirs, successors, and assigns and may not subsequently be questioned in any proceeding;  and
(2)  the judge shall enter the report in the records of the court and adopt the report as the court's.
(c)  The judge may issue process as necessary to enforce a judgment under Subsection (b)(2).
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 C. Procedure › Section 314.025. Law Applicable

Sec. 314.025.  LAW APPLICABLE.  Except as otherwise provided by this chapter, Chapter 21, Property Code, applies to proceedings under 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 C. Procedure › Section 314.026. Errors

Sec. 314.026.  ERRORS.  The governing body, the condemnation commission, and the judge before whom a condemnation proceeding is pending shall take all appropriate actions to correct any error or invalidity in the proceeding.  An error or omission in a proceeding does not invalidate the proceeding, but a proceeding may be corrected, repeated, or adjourned until the correction is made or omission supplied.
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 D. Assessments › Section 314.041. Assessments

Sec. 314.041.  ASSESSMENTS.  (a)  Except as provided by this section, the governing body may by resolution order an assessment to pay all or part of the costs of making an improvement as described by Section 314.011(b), with reasonable attorney's fees and the costs incurred in making the assessment, against the owner and property if the property is:
(1)  adjacent to or in the vicinity of an improvement;  and
(2)  specially benefited by the improvement.
(b)  In its resolution, the governing body may designate:
(1)  the property to be assessed;  or
(2)  a district containing property to be assessed.
(c)  The governing body may apportion the costs of the assessment among the owners of the property assessed.
(d)  In making an assessment, the governing body may not include the cost of property purchased but not actually used for making the improvement.
(e)  An assessment may not be made against:
(1)  property or its owner in excess of the special benefit to the property in the enhanced value of the property resulting from the improvement;  or
(2)  property that is exempt from execution.
(f)  The owner of property exempt from assessment under Subsection (e)(2):
(1)  shall be assessed an amount equal to the amount the assessment would have been if the property were not exempt;  and
(2)  is personally liable for 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 314 - Purchase or Condemnation of Property for Highways by Certain Municipalities › Subchapter D. Assessments › Section 314.042. Notice to Owner of Assessment

Sec. 314.042.  NOTICE TO OWNER OF ASSESSMENT.  (a)  An assessment may not be made against the property benefited or the owners of the property until after the owners, lienholders, and other interested parties are given a reasonable opportunity to be heard before the governing body or before the commission as provided by Section 314.047.
(b)  The governing body or commission shall publish three times before the hearing reasonable notice of the hearing in a newspaper of general circulation in the municipality beginning not later than the 10th day before the date of the hearing.
(c)  If an owner is a railway or street railway, the governing body or commission shall also give, not later than the 10th day before the date of the hearing, written notice:
(1)  in person to the owner's local agent;  or
(2)  by mailing the notice through the post office in the municipality to the address of the office of the railway or street railway as it appears on the most recent tax roll of the municipality.
(d)  The name of an owner, lienholder, or other interested party need not be specifically set out in the notice required by Subsection (b) or (c), but the real property proposed to be assessed shall be briefly described in the notice by:
(1)  lot and block;
(2)  number;
(3)  front feet;
(4)  reference to a plat, report, or record filed in connection with the proceedings;  or
(5)  any other description reasonably identifying the property.
(e)  The governing body or commission may give notice in addition to the notice required by Subsections (b) and (c), but the notice required by those subsections is sufficient.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 315 - Artificial Lighting › Subchapter D. Payment of Costs › Section 315.064. Statement of Ownership and Costs

Sec. 315.064.  STATEMENT OF OWNERSHIP AND COSTS.  (a)  After the governing body of a municipality has approved and executed a contract for lighting improvements, the municipal engineer shall prepare and submit to the governing body a written statement that:
(1)  lists the owners of property abutting any street to be improved;
(2)  states the number of front feet owned by each owner;
(3)  describes, by lot and block number or by another method that identifies the property, the abutting property owned by each owner;  and
(4)  estimates:
(A)  the total cost of the improvement;
(B)  the amount for each front foot to be assessed against abutting property and its owner;  and
(C)  the total amount to be assessed against each owner.
(b)  If there is no municipal engineer, the municipal official whose duties most closely correspond to those of a municipal engineer shall prepare and submit the statement.
(c)  The governing body shall examine the statement and correct any error in the statement.
(d)  An error or omission in a statement prepared under this section does not invalidate an assessment or a lien or claim of personal liability imposed under an assessment.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 315 - Artificial Lighting › Subchapter D. Payment of Costs › Section 315.065. Notice of Hearing

Sec. 315.065.  NOTICE OF HEARING.  (a)  After the governing body of a municipality has examined and approved a statement prepared under Section 315.064, the governing body by resolution shall direct publication of notice of a hearing to owners of abutting property.
(b)  Notice shall be published for 10 consecutive days in a daily newspaper of general circulation in the municipality where the lighting improvements are to be made.
(c)  If there is no daily newspaper, the governing body shall notify the owners by registered mail before the 10th day before the date of the hearing.
(d)  The notice must:
(1)  state the place and time of the hearing;
(2)  generally describe the lighting improvements;
(3)  name any street to be improved;
(4)  state the amount proposed to be assessed against abutting property for each front foot;  and
(5)  notify each owner of abutting property and each interested person to appear at the hearing.
(e)  The notice is not required to describe any property or to include the name of an owner.  The notice is nonetheless binding on and conclusive against an owner of abutting property or a person interested in or having a lien or claim on the property.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 315 - Artificial Lighting › Subchapter D. Payment of Costs › Section 315.066. Hearing

Sec. 315.066.  HEARING.  (a)  A hearing:
(1)  is before the governing body of the municipality;  and
(2)  may not be held before the 10th day after the date of notice under Section 315.065.
(b)  At any time before the close of the hearing, a person interested in property that may be claimed to be subject to assessment under this chapter is entitled to be heard on:
(1)  any matter affecting the property itself;
(2)  the benefit of the proposed improvement to the property;
(3)  a claim of liability relating to the property;
(4)  the proposed lighting improvements;
(5)  any invalidity or irregularity in a proceeding regarding the proposed improvements;  or
(6)  any other objection to the proposed improvements.
(c)  An objection must be filed in writing.
(d)  At the hearing, an interested person may:
(1)  produce evidence and witnesses;  and
(2)  appear in person or by attorney.
(e)  The governing body:
(1)  shall give a full hearing on an objection presented under this section;
(2)  may, from time to time and without further notice, adjourn the hearing;
(3)  may inquire into and determine all facts necessary to adjudicate an objection or ascertain the special benefit to an owner;  and
(4)  shall render a just decision in each case.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 315 - Artificial Lighting › Subchapter D. Payment of Costs › Section 315.067. Rules

Sec. 315.067.  RULES.  The governing body of a municipality may adopt rules governing hearings or notice of hearings that the governing body considers advisable to give all property owners a full hearing on assessments against them because of the special benefits.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 315 - Artificial Lighting › Subchapter D. Payment of Costs › Section 315.068. Waiver of Objection

Sec. 315.068.  WAIVER OF OBJECTION.  An objection to an irregularity in a proceeding regarding proposed lighting improvements under this chapter or to the validity of an assessment or adjudication of personal liability against abutting property or an owner of abutting property is waived unless presented at the time and in the manner prescribed by Section 315.066.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 315 - Artificial Lighting › Subchapter D. Payment of Costs › Section 315.069. Assessment Order

Sec. 315.069.  ASSESSMENT ORDER.  (a)  After the close of a hearing held under Section 315.066, the governing body of the municipality by ordinance shall assess against each owner of abutting property the proportionate cost of the lighting improvements as decided by the governing body.
(b)  The ordinance shall:
(1)  impose a lien on the property;
(2)  declare the owner of the property personally liable for the amount assessed;  and
(3)  prescribe the time and manner of payment of the assessed amount.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 315 - Artificial Lighting › Subchapter D. Payment of Costs › Section 315.070. Installments

Sec. 315.070.  INSTALLMENTS.  (a)  The governing body may order the assessments payable in not more than six installments and prescribe the amount, time, and manner of payment of the installments.
(b)  The last payment may not be deferred beyond the fifth anniversary of the municipality's acceptance of the completed lighting improvement.
(c)  The ordinance shall prescribe the rate of interest, not to exceed seven percent a year, to be charged on deferred payments.
(d)  The ordinance may provide for the maturity and collection of all deferred payments on the default of an installment of principal or interest.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 315 - Artificial Lighting › Subchapter D. Payment of Costs › Section 315.071. Discharge of Obligation

Sec. 315.071.  DISCHARGE OF OBLIGATION.  An owner of abutting property may discharge the total amount assessed against the owner, or any installment of that amount, at any time before maturity, on payment of the amount with accrued interest.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 315 - Artificial Lighting › Subchapter D. Payment of Costs › Section 315.072. Lien

Sec. 315.072.  LIEN.  (a)  An assessment under this subchapter against a property or property owner and any costs and reasonable attorney's fees incurred are a personal claim against the owner secured by a lien against the property.
(b)  A lien under this section reverts back and takes effect as of the date of the original resolution ordering the lighting improvement.  Adoption of the resolution is notice of the lien to all persons.
(c)  A person who owns property on the date of an ordinance providing for an assessment against the property under Section 315.069 is personally liable for that person's respective portion of the assessment.
(d)  Assessing in one assessment more than one parcel of property owned by a single owner or owned jointly by two or more persons does not invalidate the assessment or a lien or claim of personal liability under the assessment.
(e)  An error in the name of an owner of assessed property in the ordinance providing for the assessment does not invalidate the lien or personal liability created by the ordinance.  The lien or personal liability exists against the true owner of the property as if the owner had been correctly described.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 315 - Artificial Lighting › Subchapter D. Payment of Costs › Section 315.073. Priority of Lien

Sec. 315.073.  PRIORITY OF LIEN.  A lien under Section 315.072 is superior to any other lien, claim, or title, except a municipal, county, or state tax.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 315 - Artificial Lighting › Subchapter D. Payment of Costs › Section 315.074. Certificate of Obligation

Sec. 315.074.  CERTIFICATE OF OBLIGATION.  (a)  The governing body of a municipality may provide that:
(1)  a contractor to whom work is let under this chapter may recover the costs assessed against abutting property and the owners of abutting property only from the property or property owners;  and
(2)  the municipality has no liability for the costs.
(b)  The governing body may also authorize assignable certificates against abutting property or owners of abutting property.
(c)  A recital in a certificate that states that the procedure for making the lighting improvement was in compliance with law and that all prerequisites to imposing the lien and to creating the personal liability of the property owner were performed is prima facie evidence in all courts that the procedure and prerequisites were performed as stated in the certificate.
(d)  A certificate authorized under this section shall be:
(1)  executed by the municipality's chief executive;  and
(2)  attested with the corporate seal by the municipal secretary or other officer designated by the governing body.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 315 - Artificial Lighting › Subchapter D. Payment of Costs › Section 315.075. Payment From Available Money

Sec. 315.075.  PAYMENT FROM AVAILABLE MONEY.  (a)  The cost of lighting improvements made without a petition by property owners shall be paid by the municipality out of the municipality's available money.
(b)  The amount paid by a municipality to a contractor under this section shall be reimbursed to the municipality by assessments against abutting property owners under this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.