By: Hinojosa S.B. No. 1950
A BILL TO BE ENTITLED
AN ACT
relating to the fee imposed on certain property owners by a county
for the establishment of street lights along a county road.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 280.003, Transportation Code, is amended
by amending Subsection (b) and adding Subsections (d), (e), and (f)
to read as follows:
(b) The commissioners court of a [the] county may by order
provide for the establishment of street lights along a county road
located in a subdivision. The order may provide for:
(1) the installation, operation, and maintenance of
the street lights by:
(A) the county; or
(B) another public or private entity with which
the county may contract;
(2) the imposition of a fee on landowners in the
subdivision who benefit from the street lights;
(3) the collection of a fee imposed under this
subsection by[:
[(A)] the county tax assessor-collector[; or
[(B) another public or private entity with which
the county may contract]; and
(4) any other matter the commissioners court finds
necessary to the installation, operation, or maintenance of the
street lights.
(d) The county tax assessor-collector of a county in which a
fee is imposed under this section shall include the fee in the tax
bill prepared under Section 31.01, Tax Code, for each landowner
whose real property is benefited by the street lights for which the
fee is imposed. The tax bill must separately state the amount of
the fee imposed under this section. The county tax
assessor-collector shall collect the fee for the county in the same
manner that the county tax assessor-collector collects ad valorem
taxes for the county.
(e) A commissioners court may obtain a lien against real
property benefited by the street lights for which a fee is imposed
under this section to secure payment of the fee. To obtain the
lien, the commissioners court must file a notice with the county
clerk of the county in which the property is located that includes:
(1) a statement that the fee has been imposed on the
landowner and the amount of the fee;
(2) a legal description of the property on which the
lien is to be attached sufficient to identify the property; and
(3) the name of the landowner, if known.
(f) The lien authorized by this section exists in favor of
the county. The lien attaches to the real property on the date the
notice of lien is filed with the county clerk. The lien is inferior
to a mortgage lien recorded with the county clerk before the date
the lien authorized by this section attaches to the property. A
county may not foreclose a lien authorized by this section if the
lien is the only lien attached to the property.
SECTION 2. The changes in law made by this Act apply only to
a fee imposed by a county under Section 280.003, Transportation
Code, as amended by this Act, on or after the effective date of this
Act.
SECTION 3. This Act takes effect September 1, 2015.