reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter D. Improvements to Water and Sewer Systems in Certain Municipalities › Section 552.067. Notice of Proposed Improvements; Lien

Sec. 552.067.  NOTICE OF PROPOSED IMPROVEMENTS;  LIEN.  (a)  If the governing body of the municipality proposes to levy or assess any of the cost of improvements against the benefitted property as provided by Section 552.065, the governing body may file a notice, signed on behalf of the municipality by the municipal clerk, secretary, mayor, or other officer performing the duties of those officers, with the county clerk of the county in which the property is located.  The notice must substantially show that the governing body has determined by order, directive, or otherwise that water or sewer system improvements are necessary, identify the required improvements by location or otherwise, state that a portion of the cost of the improvements is to be or has been specially assessed as a lien against the benefitted property, and describe that property.  One notice may contain any number of systems or improvements.
(b)  It is not necessary that a notice under this section give details or be sworn to or acknowledged.  The governing body may file the notice at any time.  The county clerk with whom the notice is filed shall record the notice in the records of mortgages or deeds of trust and shall index it in the name of the municipality and in the name or other designation of the water or sewer system to which the notice relates.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Renumbered from Local Government Code, Section 402.067 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.77(9), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter D. Improvements to Water and Sewer Systems in Certain Municipalities › Section 552.068. Exemptions; Personal Liability for Assessment

Sec. 552.068.  EXEMPTIONS;  PERSONAL LIABILITY FOR ASSESSMENT.  (a)  All property, including church and school property, is subject to a tax or assessment authorized for local improvements under this subchapter.  However, this subchapter does not authorize the municipality or its governing body to fix a lien against any interest in property that is exempt from the lien of a special assessment for local improvements under the constitution of this state at the time the lien takes effect.  The owner of such a property is personally liable for any assessment made in connection with the improvement, and the municipality may refuse water or sewer service to the owner until the owner pays the municipality the assessment made against the property or an amount equal to the assessment made against private property of equal or comparable size.  The fact that an ordered improvement is omitted as to property, an interest in which is exempt, does not invalidate the lien or liability of assessment made against any other property.
(b)  The municipality may enforce a lien created against any property and the personal liability of the owner of the property by an action in a court having jurisdiction or by sale of the assessed property in the manner provided by law or charter in effect in that municipality for the sale of property for municipal property taxes.
(c)  As an aid to enforcement of the liability imposed by the assessment, the municipality may refuse to connect or may disconnect water or sewer service to a parcel of benefitted property during the period in which there is a default in the payment of any amount assessed under this subchapter against the parcel or its owner.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Renumbered from Local Government Code, Section 402.068 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter D. Improvements to Water and Sewer Systems in Certain Municipalities › Section 552.070. Change; Abandonment

Sec. 552.070.  CHANGE;  ABANDONMENT.  (a)  Except as limited by this section, the governing body of the municipality may change plans, methods, contracts, or other proceedings relating to improvements.
(b)  The governing body may not make a change that substantially affects the nature or quality of the improvements unless the governing body, by a two-thirds vote, determines that it is impractical to proceed with the improvements as proposed.
(c)  If a substantial change is made after a hearing has been ordered or held, a new cost estimate and a new hearing with proper notices is required unless the improvement is totally abandoned.
(d)  A change in or an abandonment of improvements requires the consent of any person who has contracted with the municipality for the construction of the improvements.
(e)  If improvements are abandoned, the municipality shall pass an ordinance that cancels any assessments already levied for the improvements and that cancels any other proceedings relating to those improvements.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Renumbered from Local Government Code, Section 402.070 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter D. Improvements to Water and Sewer Systems in Certain Municipalities › Section 552.071. Corrections; Reassessments

Sec. 552.071.  CORRECTIONS;  REASSESSMENTS.  (a)  If an assessment is determined to be invalid or unenforceable, the governing body of the municipality may correct any deficiency in the proceedings relating to the assessment or any mistake or irregularity in connection with the assessment.  The governing body may make and levy reassessments after a notice and hearing that comply as nearly as possible with the requirements for the original notice and hearing, and subject to the provisions relating to special benefits.  A recital in a certificate issued as evidence of a reassessment has the same force as a recital in a certificate related to an original assessment.
(b)  A person who owns or claims an interest in property against which a reassessment is levied has the same right of appeal provided under this subchapter for an original assessment.  If the person does not appeal within 15 days after the date of the hearing relating to the reassessment, the provisions of Section 552.069 relating to waiver, bar, estoppel, and defense apply.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Renumbered from Local Government Code, Section 402.071 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.77(10), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter D. Improvements to Water and Sewer Systems in Certain Municipalities › Section 552.072. Joint Proceedings

Sec. 552.072.  JOINT PROCEEDINGS.  The municipality may make the improvements and assessments provided under this subchapter in conjunction with the street improvements and assessments provided for in Chapter 313, Transportation Code, through a joint proceeding.  If a joint proceeding is conducted, only one hearing is required, and the procedure required under this subchapter controls.  The municipality may issue a single assessment certificate against a parcel of benefitted property and its owner in evidence of the total assessment made for all improvements made under this subchapter, including street improvements made in a joint proceeding, if the amount assessed for each class of improvements is set out separately and distinctly in the ordinance under which the assessment is made.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.227, eff. Sept. 1, 1997.
Renumbered from Local Government Code, Section 402.072 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter D. Improvements to Water and Sewer Systems in Certain Municipalities › Section 552.073. Restrictions in Certain Counties

Sec. 552.073.  RESTRICTIONS IN CERTAIN COUNTIES.  (a)  In this section, "subdivided or platted property" means property that:
(1)  has been platted under Chapter 212;  or
(2)  has been subdivided or platted by a map or plat that is filed for record in the office of any county clerk and that contains a dedication of the property for public use for a street or alley right-of-way or for a public utility easement.
(b)  A municipality located in a county with a population of less than 700,000 may not make an assessment or other charge for the construction of improvements to a water or sewer system against any property or property owner, regardless of who initiates the request for the construction, unless the property is located in an area that has been subdivided or platted for at least the 10 years preceding the date of the assessment.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Renumbered from Local Government Code, Section 402.073 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter D. Improvements to Water and Sewer Systems in Certain Municipalities › Section 552.074. Authorized Investment

Sec. 552.074.  AUTHORIZED INVESTMENT.  A certificate of special assessment issued under this subchapter, including a certificate issued under a joint proceeding under Section 552.072, is a legal and authorized investment for a bank, savings bank, trust company, savings and loan association, insurance company, sinking fund of a municipality, county, school district, or other political subdivision of this state, and for all other public funds of this state or an agency of this state.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Renumbered from Local Government Code, Section 402.074 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.77(11), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter D. Improvements to Water and Sewer Systems in Certain Municipalities › Section 552.075. Home-Rule Municipality

Sec. 552.075.  HOME-RULE MUNICIPALITY.  A home-rule municipality to which this subchapter applies may adopt plans and specifications for improvements as provided by this subchapter and may pay in cash to the contractor who is the successful bidder that part of the cost assessed against the owner and the benefitted property.  The municipality may reimburse itself by levying an assessment against the benefitted property and its owner after notice and hearing as provided by this subchapter.  The municipality may reimburse itself up to the amount of the enhancement in value represented by the benefits and as permitted under this subchapter and may issue assignable certificates in favor of the municipality for the assessment.  The certificates are enforceable in the manner provided by Section 552.065.  The municipality may use its own forces to make the improvements if the work may be performed more expeditiously and economically in that manner.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Renumbered from Local Government Code, Section 402.075 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.77(12), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter E. Construction of Sanitary Sewers in Certain Municipalities › Section 552.091. Application of Subchapter to Certain Municipalities

Sec. 552.091.  APPLICATION OF SUBCHAPTER TO CERTAIN MUNICIPALITIES.  To exercise authority under this subchapter, a municipality must have:
(1)  a population of less than 15,000;
(2)  levied the maximum rate of tax allowed by law;  and
(3)  adopted Subchapters A through C, Chapter 312, Transportation Code.
Added by Acts 1995, 74th Leg., ch. 165, Sec. 12, eff. Sept. 1, 1995.
Renumbered from Local Government Code, Section 402.091 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter E. Construction of Sanitary Sewers in Certain Municipalities › Section 552.092. Construction of Sanitary Sewers

Sec. 552.092.  CONSTRUCTION OF SANITARY SEWERS.  (a)  The governing body of a municipality may order the construction and installation of sanitary sewers if it is presented with a petition that is signed by at least two-thirds of the owners of property abutting the proposed construction.
(b)  A municipality's authority under this subchapter is subject to the same provisions relating to assessments, hearings, and other matters that apply to a highway improvement ordered under Subchapters A through C, Chapter 312, Transportation Code.
Added by Acts 1995, 74th Leg., ch. 165, Sec. 12, eff. Sept. 1, 1995.
Renumbered from Local Government Code, Section 402.092 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter F. Municipal Water Corporations and Municipal Water Systems › Section 552.101. Municipal Water Contracts

Sec. 552.101.  MUNICIPAL WATER CONTRACTS.  The governing body of a municipality in which there is a water corporation may contract with the corporation to supply water to a street, alley, lot, square, or public place in a municipality.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 3, eff. Sept. 1, 1997.
Renumbered from Local Government Code, Section 402.101 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter F. Municipal Water Corporations and Municipal Water Systems › Section 552.102. Eminent Domain by Municipal Sewer Providers

Sec. 552.102.  EMINENT DOMAIN BY MUNICIPAL SEWER PROVIDERS.  (a)  A corporation incorporated in this state for the purpose of owning, constructing, or maintaining a sewer system in a municipality may by eminent domain condemn private property to:
(1)  construct and maintain sewer pipes, mains and laterals, and connections;  and
(2)  maintain vats, filtration pipes, and other pipes for the final disposition of sewage.
(b)  A corporation may exercise a power described by Subsection (a) only if:
(1)  the use of private property is necessary for the successful operation of the sewer system;  and
(2)  the sewer system is beneficial to the public use, health, or convenience.
(c)  The power of eminent domain may not be used under this section in the boundaries of a municipality unless permitted or required by the municipality granting a franchise to the corporation seeking the right of condemnation.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 3, eff. Sept. 1, 1997.
Renumbered from Local Government Code, Section 402.102 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter F. Municipal Water Corporations and Municipal Water Systems › Section 552.103. Rights of Water Corporation Providing Service to Municipality; Eminent Domain

Sec. 552.103.  RIGHTS OF WATER CORPORATION PROVIDING SERVICE TO MUNICIPALITY;  EMINENT DOMAIN.  (a)  A water corporation in a municipality may sell and furnish water required by a municipality for a public or private building or for any other purpose.
(b)  A water corporation may lay water system pipes, mains, or conductors through a street, alley, lane, or square of a municipality if the governing body of the municipality consents, subject to any regulation by the governing body.
(c)  If necessary to preserve the public health, a water corporation incorporated under state law to construct waterworks or to furnish water supply to a municipality may exercise the power of eminent domain to condemn private property necessary to construct a supply reservoir or standpipe for water work.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 3, eff. Sept. 1, 1997.
Renumbered from Local Government Code, Section 402.103 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter F. Municipal Water Corporations and Municipal Water Systems › Section 552.104. Location of Water Lines Outside Municipal Boundaries

Sec. 552.104.  LOCATION OF WATER LINES OUTSIDE MUNICIPAL BOUNDARIES.  (a)  A water corporation or municipality may lay water system pipes, mains, conductors, or other fixtures through, under, along, across, or over a public road, a public street, or a public waterway not in a municipality in a manner that does not inconvenience the public using the road, street, or waterway.
(b)  A water corporation or municipality proposing under this subchapter to build a water line along the right-of-way of a state highway or county road not in a municipality shall give notice of the proposal to:
(1)  the Texas Transportation Commission, if the proposal relates to a state highway;  or
(2)  the commissioners court of the county if the proposal relates to a county road.
(c)  On receipt of notice under Subsection (b), the Texas Transportation Commission or commissioners court may designate the location in the right-of-way where the corporation or municipality may construct the water line.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 3, eff. Sept. 1, 1997.
Renumbered from Local Government Code, Section 402.104 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter F. Municipal Water Corporations and Municipal Water Systems › Section 552.105. Relocation of Water Line to Allow Change to Traffic Lane

Sec. 552.105.  RELOCATION OF WATER LINE TO ALLOW CHANGE TO TRAFFIC LANE.  (a)  The authority of the Texas Transportation Commission under this section is limited to a water line on a state highway not in a municipality.  The authority of the commissioners court under this section is limited to a water line on a county road not in a municipality.
(b)  The Texas Transportation Commission or the commissioners court of a county may require a water corporation or municipality to relocate the corporation's or municipality's water line at the corporation's or municipality's own expense to allow the widening or other changing of a traffic lane.
(c)  To impose a requirement under this section, the Texas Transportation Commission or the commissioners court, as appropriate, must give to the water corporation or municipality 30 days' written notice of the requirement.  The notice must identify the water line to be relocated and indicate the location on the new right-of-way where the corporation or municipality may place the line.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 3, eff. Sept. 1, 1997.
Renumbered from Local Government Code, Section 402.105 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.