Texas 2015 - 84th Regular

Texas House Bill HB3002 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Martinez, Muñoz, Jr. H.B. No. 3002
2		-	(Senate Sponsor - Hinojosa)
3		-	(In the Senate - Received from the House May 18, 2015;
4		-	May 19, 2015, read first time and referred to Committee on
5		-	Administration; May 24, 2015, reported favorably by the following
6		-	vote: Yeas 4, Nays 0; May 24, 2015, sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 3002
8	2
9	3
10		-	A BILL TO BE ENTITLED
11	4		AN ACT
12	5		relating to the fee imposed on certain property owners by a county
13	6		for the establishment of street lights along a county road.
14	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	8		SECTION 1. Section 280.003, Transportation Code, is amended
16	9		by amending Subsection (b) and adding Subsections (d), (e), and (f)
17	10		to read as follows:
18	11		(b) The commissioners court of a [the] county may by order
19	12		provide for the establishment of street lights along a county road
20	13		located in a subdivision. The order may provide for:
21	14		(1) the installation, operation, and maintenance of
22	15		the street lights by:
23	16		(A) the county; or
24	17		(B) another public or private entity with which
25	18		the county may contract;
26	19		(2) the imposition of a fee on landowners in the
27	20		subdivision who benefit from the street lights;
28	21		(3) the collection of a fee imposed under this
29	22		subsection by[:
30	23		[(A)] the county tax assessor-collector[; or
31	24		[(B) another public or private entity with which
32	25		the county may contract]; and
33	26		(4) any other matter the commissioners court finds
34	27		necessary to the installation, operation, or maintenance of the
35	28		street lights.
36	29		(d) The county tax assessor-collector of a county in which a
37	30		fee is imposed under this section shall include the fee in the tax
38	31		bill prepared under Section 31.01, Tax Code, for each landowner
39	32		whose real property is benefited by the street lights for which the
40	33		fee is imposed. The tax bill must separately state the amount of
41	34		the fee imposed under this section. The county tax
42	35		assessor-collector shall collect the fee for the county in the same
43	36		manner that the county tax assessor-collector collects ad valorem
44	37		taxes for the county.
45	38		(e) A commissioners court may obtain a lien against real
46	39		property benefited by the street lights for which a fee is imposed
47	40		under this section to secure payment of the fee. To obtain the lien,
48	41		the commissioners court must file a notice with the county clerk of
49	42		the county in which the property is located that includes:
50	43		(1) a statement that the fee has been imposed on the
51	44		landowner and the amount of the fee;
52	45		(2) a legal description of the property on which the
53	46		lien is to be attached sufficient to identify the property; and
54	47		(3) the name of the landowner, if known.
55	48		(f) The lien authorized by this section exists in favor of
56	49		the county. The lien attaches to the real property on the date the
57	50		notice of lien is filed with the county clerk. The lien is inferior
58	51		to a mortgage lien recorded with the county clerk before the date
59	52		the lien authorized by this section attaches to the property. A
60	53		county may not foreclose a lien authorized by this section if the
61	54		lien is the only lien attached to the property.
62	55		SECTION 2. The changes in law made by this Act apply only to
63	56		a fee imposed by a county under Section 280.003, Transportation
64	57		Code, as amended by this Act, on or after the effective date of this
65	58		Act.
66	59		SECTION 3. This Act takes effect September 1, 2015.
67		-	* * * * *
	60	+	______________________________ ______________________________
	61	+	President of the Senate Speaker of the House
	62	+	I certify that H.B. No. 3002 was passed by the House on May
	63	+	15, 2015, by the following vote: Yeas 124, Nays 15, 2 present, not
	64	+	voting.
	65	+	______________________________
	66	+	Chief Clerk of the House
	67	+	I certify that H.B. No. 3002 was passed by the Senate on May
	68	+	26, 2015, by the following vote: Yeas 25, Nays 6.
	69	+	______________________________
	70	+	Secretary of the Senate
	71	+	APPROVED: _____________________
	72	+	Date
	73	+	_____________________
	74	+	Governor