TRANSPORTATION CODE
CHAPTER 313. STREET IMPROVEMENTS AND ASSESSMENTS IN CERTAIN
MUNICIPALITIES
SUBCHAPTER A. GENERAL PROVISIONS
§ 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, § 1, eff. Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1, 1995.
SUBCHAPTER B. IMPROVEMENTS
§ 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, § 1, eff. Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1, 1995.
SUBCHAPTER C. ASSESSMENTS
§ 313.041. DEFINITION. In this subchapter, "railway"
includes a street railway and an interurban.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1, 1995. Amended
by Acts 2001, 77th Leg., ch. 827, § 2, eff. Sept. 1, 2001.
§ 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, § 1, eff. Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1, 1995.
§ 313.047. NOTICE OF HEARING ON ASSESSMENT. (a) An
assessment may be made against an abutting property or its owner or
against a railway or its owner only after notice and opportunity for
hearing as provided by this section and Section 313.048.
(b) Notice of the hearing shall be published at least three
times in a newspaper published in the municipality in which the
assessment tax is to be imposed. If the municipality does not have
a newspaper, the 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.
(c) The first publication of the notice shall be made not
later than the 21st day before the date of the hearing.
(d) In addition to the notice required by Subsection (c),
written notice of the hearing shall be given by mail, postage
prepaid, deposited at least 14 days before the date of the hearing,
and addressed to the owners of the properties abutting the part of
the highway to be improved, as the names and addresses of the owners
are shown on the rendered tax roll of the municipality. If the
names of the respective owners do not appear on the rendered tax
roll, the notice shall be addressed to the owners as their names and
addresses are shown on the unrendered tax roll of the municipality.
(e) If a special tax is proposed to be imposed against a
railway that uses, occupies, or crosses a part of a highway to be
improved, the additional notice shall be given by mail, postage
prepaid, deposited at least 14 days before the date of the hearing,
and addressed to the railway as shown on the rendered tax roll of
the municipality. If the name of the railway does not appear on the
rendered tax roll of the municipality, the notice shall be
addressed to the railway as its name and address are shown on the
unrendered tax roll of the municipality.
(f) The notice is sufficient, valid, and binding on each
person who owns or claims an interest in the property or the railway
if the notice:
(1) describes in general terms the nature of the
improvement for which the proposed assessment is to be imposed;
(2) states the part of the highway to be improved;
(3) states the estimated amount per front foot
proposed to be assessed against the owners of abutting property and
the property on which the hearing is to be held;
(4) states the estimated total cost of the improvement
on each part of the highway;
(5) states the amount proposed to be assessed for the
improvements proposed to be constructed in part of the area
between, under, and two feet outside of rails, tracks, double
tracks, turnouts, or switches of a railway; and
(6) states the time and place of the hearing.
(g) The mailed notice may consist of a copy of the published
notice.
(h) If an owner of property abutting a part of a highway
proposed to be improved is listed as "unknown" on the municipal tax
roll or if the name of an owner is shown on the municipal tax roll
but no address for the owner is shown, it is not necessary to mail a
notice. If the owner is shown as an estate, the notice may be mailed
to the address of the estate.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1, 1995.
