Tex. Local Gov't Code Section 552.065
Assessment Provisions


(a)

By ordinance, the governing body of the municipality may:

(1)

assess not more than nine-tenths of the estimated cost of improvements against the benefitted property and the owners of that property;

(2)

provide the time, terms, and conditions of payment and defaults of the assessments; and

(3)

prescribe the interest rate on the assessment, not to exceed 10 percent a year.

(b)

The governing body may issue in the name of the municipality assignable certificates in evidence of assessments levied under this section that declare the lien on the property and the liability of the owners whether named correctly or not. The governing body may set the terms and conditions of those certificates. If a certificate substantially states that the required proceeding relating to improvements referred to in the certificate has been held in compliance with law and that all the prerequisites to the fixing of an assessment lien against the property described in the certificate and the personal liability of the owner of the property have been performed, the certificate is prima facie evidence of all the matters recited in the certificate, and further proof is not required. In a suit on an assessment or reassessment in evidence of which a certificate may be issued under this subchapter, it is sufficient to allege the substance of the recitals in the certificate and that those recitals are true. Further allegations with reference to the proceedings relating to the assessment or reassessment are not necessary.

(c)

An assessment against benefitted property under this section is collectable with interest, cost of collection, and reasonable attorney’s fees. The assessment is a first and prior lien on the assessed property and the lien takes effect on the date that a notice of proposed improvements is made under Section 552.067 (Notice of Proposed Improvements; Lien). The lien is superior to any other lien or claim except a state, county, school district, or municipal property tax lien. The assessment is a personal liability and charge against the owners of the assessed property on the date on which the lien takes effect, whether or not the owners are named in a notice, instrument, certificate, or ordinance provided for under this subchapter.

(d)

The municipality may make assessments against several parcels of benefitted property in one assessment if the parcels are owned by the same person. The municipality may jointly assess benefitted property owned jointly by one or more persons.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Renumbered from Local Government Code, Section 402.065 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.77(8), eff. April 1, 2009.

Source: Section 552.065 — Assessment Provisions, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­552.­htm#552.­065 (accessed Jun. 5, 2024).

552.001
Municipal Utility Systems
552.002
Certain Public Services and Utility Systems in Home-rule Municipality
552.003
Acquisition of Existing Public Utility
552.011
Use of Eminent Domain Power
552.012
Municipalities in or Contracting with a Water District
552.014
Contracts with Water Districts or Nonprofit Corporations
552.015
Water Supply in Type a General-law Municipality
552.016
Sale or Lease of Water System by Type a General-law Municipality
552.017
Water Systems in Home-rule Municipalities
552.018
Municipal Contract with Private Entity
552.019
Contract with Water Improvement District or Water Control and Improvement District
552.020
Contract with Water District
552.022
Contracts with Certain Special Districts
552.023
Contract Between Municipality and Trinity River Authority
552.024
Municipal Contract for Reclaimed Water Facility in Certain Municipalities
552.0025
Connection, Disconnection, and Liability for Municipal Utility Services
552.041
Short Title
552.042
Legislative Finding
552.043
Application of Subchapter to Municipalities
552.044
Definitions
552.045
Adoption of System
552.046
Incorporation of Existing Facilities
552.047
Drainage Charges
552.048
Billings
552.049
Segregation of Income
552.050
Delinquent Charges
552.051
Drainage Revenue Bonds
552.052
Discontinuation of Drainage System
552.053
Exemptions
552.054
Effect of Subchapter
552.061
Application of Subchapter to Certain Municipalities
552.062
Definitions
552.063
Municipal Authority
552.064
Declaration
552.065
Assessment Provisions
552.066
Apportionment of Assessments
552.067
Notice of Proposed Improvements
552.068
Exemptions
552.069
Notice and Hearing Requirements
552.070
Change
552.071
Corrections
552.072
Joint Proceedings
552.073
Restrictions in Certain Counties
552.074
Authorized Investment
552.075
Home-rule Municipality
552.091
Application of Subchapter to Certain Municipalities
552.092
Construction of Sanitary Sewers
552.101
Municipal Water Contracts
552.102
Eminent Domain by Municipal Sewer Providers
552.103
Rights of Water Corporation Providing Service to Municipality
552.104
Location of Water Lines Outside Municipal Boundaries
552.105
Relocation of Water Line to Allow Change to Traffic Lane
552.121
Applicability of Subchapter
552.122
Transfer of Management and Control of Electric Utility System
552.123
Authority of Board of Trustees
552.124
Effect of Previously Issued Bonds
552.141
Applicability of Subchapter
552.142
Transfer of Management and Control of Utility System
552.0205
Revenue Bonds to Pay for District Services Under Contract
552.0451
Extension of Service Area by Certain Municipalities
552.901
Relocation or Replacement of Water or Sewer Laterals
552.902
Operation of Certain Electric Light and Power Systems by Home-rule Municipalities
552.903
Agreement with Conservation and Reclamation District
552.904
Lease of Natural Gas Distribution System by Certain Municipalities
552.905
Operation of Cable Tv Systems by General-law Municipalities
552.906
Municipal Utility Plants
552.907
Construction of Water or Wastewater Improvements to Preserve Water Quality Aquifer
552.909
Prohibited Employment of or Contracting with Former Trustee or Board Member
552.910
Agreements with Other Political Subdivisions for Collection of Past Due Utility or Solid Waste Disposal Service Fees
552.911
Duties of Water Service Provider to an Area Served by Sewer Service of Certain Political Subdivisions
552.912
Certain Damages Caused by Sewage Backup
552.913
Combined Heating and Power Systems in Certain Municipalities
552.914
Utility Contracts for Certain Municipalities
552.915
Records of Municipally Owned Electric Utility Providing Broadband Services

Accessed:
Jun. 5, 2024

§ 552.065’s source at texas​.gov