TRANSPORTATION CODE
CHAPTER 253. COUNTY IMPROVEMENT OF SUBDIVISION ROADS
§ 253.001. APPLICABILITY. This chapter applies only to
a subdivision, part of a subdivision, or an access road in an
unincorporated area of a county.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 253.002. DEFINITION. In this chapter, "improvement"
means construction or repair.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 253.003. PROPOSAL FOR COUNTY IMPROVEMENT OF
SUBDIVISION ROADS AND ASSESSMENT OF COSTS. If the commissioners
court of a county determines that the improvement of a road in a
subdivision or of an access road to a subdivision is necessary for
the public health, safety, or welfare of the residents of the
county, the commissioners court may propose to:
(1) improve the road to comply with county standards
for roads; and
(2) assess all or part of the costs of the improvement
pro rata against the record owners of the real property of the
subdivision or a defined part of the subdivision.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2003, 78th Leg., ch. 1131, § 1, eff. June 20, 2003.
§ 253.004. NOTICE. (a) The commissioners court must
publish notice of the proposed improvement and assessment at least
twice in a newspaper of general circulation in the county.
(b) The notice must state the date the commissioners court
will hold a public hearing to consider the proposed improvement and
assessment.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 253.005. PUBLIC HEARING. The commissioners court
must hold a public hearing to consider the proposed improvement and
assessment on or after the 31st day after the date the commissioners
court publishes the first required notice.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 253.006. BALLOT. (a) Not later than the 10th day
after the date the commissioners court holds a public hearing under
Section 253.005, the commissioners court by certified mail shall
send to each record owner of real property in the subdivision or
part of the subdivision to be assessed:
(1) a ballot on whether the commissioners court shall
order the improvement and assessment; and
(2) an addressed stamped envelope for the return of
the completed ballot to the county clerk.
(b) The ballot must state the maximum assessment that could
be made against each property in the subdivision or part of the
subdivision to be assessed if a majority of the votes received favor
the proposition.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2003, 78th Leg., ch. 1131, § 2, eff. June 20, 2003.
§ 253.007. RESULTS OF VOTE. (a) Not later than the
30th day after the date of the public hearing, the county clerk
shall tally the returned ballots and declare the results to the
commissioners court.
(b) If a majority of returned ballots are in favor of the
improvement and assessment, the commissioners court shall order the
improvements and assess the costs of the improvements against the
real property owners of the subdivision or part of the subdivision.
(c) If the proposition fails, the commissioners court may
not:
(1) order the improvement and assessment; or
(2) again propose the improvement and assessment
before the fourth anniversary of the date the county clerk declares
the results of the vote to the commissioners court.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2003, 78th Leg., ch. 1131, § 3, eff. June 20, 2003.
§ 253.008. ASSESSMENT OF COSTS. (a) The commissioners
court may provide the time, terms, and conditions of payment and
default of an assessment.
(b) The commissioners court may not require the payment of
interest on an assessment.
(c) An assessed property owner is personally liable for the
amount of the assessment.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 253.009. LIEN. (a) An assessment is secured by a
lien against the real property of the assessed property owner.
(b) The lien is effective on the date written notice of the
assessment is filed for record in the office of the county clerk of
the county in which the property is located.
(c) The written notice must be in recordable form and
contain the:
(1) amount of the assessment;
(2) legal description of the property; and
(3) name and address of each property owner.
(d) An assessment lien under this chapter is inferior only
to a tax lien or mortgage lien recorded before the effective date of
the assessment lien.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 253.010. APPEAL. (a) Not later than the 15th day
after the date a property owner receives an assessment, the owner
may appeal the assessment by filing a petition in a district court
having jurisdiction in the county.
(b) The appeal may be made on the basis of the assessment
amount or the inaccuracy, irregularity, invalidity, or
insufficiency of the proceedings or the road improvements.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 253.011. MAINTENANCE OF ROADS. (a) A road improved
under this chapter is a county road.
(b) The county shall maintain the road according to county
road standards.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
