By: Hinojosa S.B. No. 1950
A BILL TO BE ENTITLED
AN ACT
relating to the fee collected for the provision of providing street
lights in a subdivision in the unincorporated area of certain
counties and the authority of said county to obtain a lien against
property of a landowner to secure payment of a fee for the
installation, operation, and maintenance of street lights.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 280.003, Transportation Code, is amended
by adding subsection (d), (e), (f), (g), and (h) to read as follows:
(d) The county tax assessor-collector shall add the fees
collected in subsection (b) to the annual property tax statement
for those land owners who benefit from the street lights, collect
said fees, and transfer said fees to the county.
(e) The commissioners court of a county may obtain a lien
against property to secure payment of a fee imposed by an order
authorized by this section.
(f) To obtain a lien against the property to secure payment
of the fee, the commissioners court of the county must file a notice
that contains a statement of the fee assessed, a legal description
of the property sufficient to identify the property, and the name of
the property owner, if known, with the county clerk of the county in
which the property is located.
(g) The county's lien to secure payment of a fee imposed by
an order authorized by this section attaches when the notice of lien
is filed and is inferior to a previously recorded bona fide mortgage
lien attached to the real property to which the county's lien
attaches, if the mortgage was filed for record in the office of the
county clerk of the county in which the real property is located
before the date on which the county files the notice of lien with
the county clerk.
(h) The county which obtains a lien to secure payment of a
fee imposed by an order authorized by this section may not foreclose
on any property for which the only outstanding lien against that
property is the lien obtained under this section.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.