Tex. Water Code Section 68.313
Failure to Pay Assessment; Liens for Assessments

(a)

If an assessed facility fails to pay an assessment as provided in a district’s assessment plan, the district may impose a lien against the facility assessed.

(b)

An assessment, a reassessment, or an assessment resulting from an addition to or correction of the assessment roll by the district, penalties and interest on an assessment or reassessment, an expense of collection, and reasonable attorney’s fees incurred by the district:

(1)

are a first and prior lien against the facility assessed;

(2)

are superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes; and

(3)

are the personal liability of and a charge against the owners of the facility even if the owners are not named in the assessment proceedings.

(c)

The lien is effective from the date of the board’s resolution imposing the assessment until the date the assessment is paid. The board may enforce the lien in the same manner that the board may enforce an ad valorem tax lien against real property.

(d)

This section applies to a property interest that is a facility listed in Section 68.051 (Applicability to Facilities)(b), including:

(1)

an improvement or fixture; and

(2)

an owned or leased property interest.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 99 (S.B. 1104), Sec. 9, eff. May 20, 2011.

Source: Section 68.313 — Failure to Pay Assessment; Liens for Assessments, https://statutes.­capitol.­texas.­gov/Docs/WA/htm/WA.­68.­htm#68.­313 (accessed Jun. 5, 2024).

68.001
Definitions 68.002
Nature of District 68.003
Public Purpose of Security Projects 68.004
Liberal Construction of Chapter 68.005
General Water District Law Not Applicable 68.051
Applicability to Facilities 68.052
Designees for Facility Owners 68.053
Use of Certain Department of Transportation Property for Ship Channel Security 68.101
District Creation by Certain Populous Counties with Ship Channels 68.102
Petition for Creation 68.103
Contents of Petition 68.104
Notice of Hearing 68.105
Hearing 68.106
Findings of Benefit and Public Purpose 68.107
Order Creating District 68.151
Governing Body 68.152
Security Zone Directors 68.153
At-large Director 68.154
Municipal Director 68.155
Port Authority 68.156
Terms 68.157
Vacancy 68.158
Quorum 68.159
Officers 68.160
Compensation 68.161
Meetings 68.162
Removal 68.201
General Powers of District 68.202
Applicability of Municipal Management Districts Law 68.203
Rules 68.204
Name Change 68.205
Contracts 68.206
Security Projects and Services 68.207
Contracts for Security Projects or Services 68.208
Contracts for Joint Use of Security Project 68.209
Contracts with District by Governmental Entity 68.210
Property Powers 68.211
Suits 68.212
No Eminent Domain Power 68.251
Grants 68.252
Payment of Expenses 68.253
Taxes Prohibited 68.254
Bonds Prohibited 68.255
Quarterly Financial Report by Commissioners Court 68.256
Quarterly General Accounting by Board 68.301
Authority to Impose Assessment 68.302
Proposed Assessments 68.303
Notice of Hearing 68.304
Conducting Hearing 68.305
Facilities to Be Assessed 68.306
Assessment Rate Change 68.307
Objections 68.308
Apportionment of Assessment 68.309
Assessment Roll 68.310
Supplemental Assessments 68.311
Appeal 68.312
Appeal of Resolution 68.313
Failure to Pay Assessment 68.314
Delinquent Assessments 68.315
Assessment of Governmental Entities and Nonprofits 68.351
Dissolution of District for Failure to Impose an Assessment 68.352
Dissolution of District by Board Vote or Owner Petition 68.401
Petition by Board to Add Territory and Facilities 68.402
Hearing and Action on Board’s Petition to Add Territory and Facilities 68.403
Petition by Facility Owner to Add Territory and Facilities 68.404
Action on Facility Owner’s Petition to Add Territory and Facilities 68.405
Modification of Order 68.406
Petition by Board to Exclude Territory and Facilities 68.407
Hearing and Action on Board’s Petition to Exclude Territory and Facilities
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 68.313’s source at texas​.gov