TRANSPORTATION CODE
CHAPTER 315. ARTIFICIAL LIGHTING
SUBCHAPTER A. GENERAL PROVISIONS
§ 315.001. DEFINITIONS. In this chapter:
(1) "Abutting property" means property abutting a
street on which lighting improvements are made or proposed to be
made.
(2) "Special benefit" means the amount of enhanced
value that a property receives as a result of lighting
improvements.
(3) "Street" includes a portion, not less than one
block, of a street.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 315.002. APPLICABILITY. This chapter applies only to
a municipality with a population of more than 5,000.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER B. AUTHORITY AND INITIAL PROCEDURES
§ 315.021. ESTABLISHMENT OF LIGHTING
IMPROVEMENTS. (a) A municipality may install and maintain
lighting improvements for a local public street as provided by this
chapter if the governing body of the municipality adopts a
resolution:
(1) on its own motion if:
(A) the governing body considers it more
advantageous to the public; and
(B) public money is available for that purpose;
or
(2) following the receipt of a petition from the
owners of property abutting a street to install and maintain street
lighting improvements.
(b) Adoption of the resolution is conclusive of the public
necessity and benefit of the lighting improvements. Failure to
give notice of the adoption of a resolution does not affect the
resolution's validity.
(c) The resolution must describe:
(1) the nature and extent of the lighting improvements
to be made;
(2) any street or district composed of streets,
highways, or alleys to be lighted;
(3) the materials to be used; and
(4) the method of paying the cost of the improvements.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 315.022. CONTENTS OF PETITION. (a) A petition
submitted under Section 315.021(a)(2) must:
(1) state that a street or a district composed of
streets, highways, or alleys should be lighted;
(2) state that lighting improvements are needed for
that purpose;
(3) name and describe the street or district to be
lighted;
(4) state that the lighting will be a public
improvement and will be conducive to the public welfare; and
(5) be signed by a majority of the owners of property
abutting streets designated in the petition.
(b) A petition submitted under Section 315.021(a)(2) may:
(1) provide plans and specifications for the requested
lighting improvements; and
(2) specify the kind of poles, lights, or other
material necessary to properly install the improvements or any part
of the necessary material.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 315.023. PLANS AND SPECIFICATIONS. (a) The
governing body may:
(1) order the use of all or any part of the materials
specified in the petition in constructing the lighting
improvements;
(2) if materials specified in the petition are not
available, order the use of materials similar in kind and quality to
the specified materials; or
(3) reject any or all plans and specifications
included in the petition and have new plans and specifications
prepared by the municipal engineer.
(b) On adoption of a resolution as provided by Section
315.021, the municipal engineer shall:
(1) prepare plans and specifications for the lighting
improvements ordered by the resolution; and
(2) submit the completed plans and specifications to
the governing body for approval.
(c) If there is no municipal engineer, the municipal
official whose duties most closely correspond to those of a
municipal engineer shall prepare and submit the plans and
specifications.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 315.024. OWNERSHIP AND CONTROL. After lighting
improvements made under this chapter are installed and accepted by
the municipality, the improvements become a part of the
municipality's lighting system.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 315.025. USE OF AVAILABLE MONEY. A municipality may
use available money to assist in financing lighting improvements.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER C. BIDS AND CONTRACTS
§ 315.041. ADVERTISEMENT FOR BID. (a) On approval and
adoption of plans and specifications by the governing body of a
municipality, the municipal secretary or other officer designated
by the governing body shall advertise for sealed bids for
installing the lighting improvements according to the
specifications.
(b) The advertisement shall be published in a daily
newspaper of general circulation in the municipality and shall
state the time within which bids may be received.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 315.042. FILING OF BID. (a) The governing body of a
municipality may prescribe a period of not less than 10 or more than
15 days after the date on which the advertisement for bids is
published within which bids may be received.
(b) Bids shall be filed with the municipal secretary or
another officer designated by the governing body.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 315.043. AMENDMENT OF BID PROHIBITED. A bid may not
be amended after it has been filed.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 315.044. OPENING OF BIDS; ACCEPTANCE OR
REJECTION. (a) Bids shall be opened and read at a public meeting
of the governing body of a municipality.
(b) The governing body may:
(1) accept a bid it considers most advantageous to the
owners of abutting property; or
(2) reject any or all bids.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 315.045. CONTRACTS. (a) After the governing body of
a municipality has accepted a bid for lighting improvements, the
municipality shall contract with a contractor whose bid has been
accepted.
(b) A contract shall be:
(1) executed by the municipality's chief executive;
and
(2) attested with the corporate seal by the municipal
secretary or other officer designated by the governing body.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER D. PAYMENT OF COSTS
§ 315.061. AUTHORITY TO ASSESS COSTS. (a) A
municipality may assess against owners of abutting property who
will specially benefit from lighting improvements the entire cost,
including labor and material, of installing the improvements.
(b) A municipality may impose a lien against abutting
property to secure the payment of the assessment against that
property.
(c) Costs may not be assessed against any property or
property owner and personal liability for costs may not be finally
determined until after the hearing under Section 315.066 and the
adjustment of equities between or among abutting property owners
under Section 315.063.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 315.062. METHOD OF ASSESSMENT. (a) An assessment
against abutting property or an owner of abutting property shall be
made according to the frontage of that property on a street to be
improved in proportion to the total frontage on all streets to be
improved.
(b) The costs shall be apportioned according to the frontage
or front foot rule but may not exceed the special benefit to the
property.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 315.063. ADJUSTMENT OF EQUITIES. If the governing
body of a municipality considers that assessing and apportioning
costs as provided by Section 315.062 would be unjust or unequal in a
particular case, the governing body shall assess and apportion the
costs justly and equally, considering the special benefit to each
owner, the equities of the owners, and the adjustment of the
apportionment, so as to produce a substantial equality of benefits
received by and burdens imposed on each owner.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 315.064. STATEMENT OF OWNERSHIP AND
COSTS. (a) After the governing body of a municipality has
approved and executed a contract for lighting improvements, the
municipal engineer shall prepare and submit to the governing body a
written statement that:
(1) lists the owners of property abutting any street
to be improved;
(2) states the number of front feet owned by each
owner;
(3) describes, by lot and block number or by another
method that identifies the property, the abutting property owned by
each owner; and
(4) estimates:
(A) the total cost of the improvement;
(B) the amount for each front foot to be assessed
against abutting property and its owner; and
(C) the total amount to be assessed against each
owner.
(b) If there is no municipal engineer, the municipal
official whose duties most closely correspond to those of a
municipal engineer shall prepare and submit the statement.
(c) The governing body shall examine the statement and
correct any error in the statement.
(d) An error or omission in a statement prepared under this
section does not invalidate an assessment or a lien or claim of
personal liability imposed under an assessment.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 315.065. NOTICE OF HEARING. (a) After the governing
body of a municipality has examined and approved a statement
prepared under Section 315.064, the governing body by resolution
shall direct publication of notice of a hearing to owners of
abutting property.
(b) Notice shall be published for 10 consecutive days in a
daily newspaper of general circulation in the municipality where
the lighting improvements are to be made.
(c) If there is no daily newspaper, the governing body shall
notify the owners by registered mail before the 10th day before the
date of the hearing.
(d) The notice must:
(1) state the place and time of the hearing;
(2) generally describe the lighting improvements;
(3) name any street to be improved;
(4) state the amount proposed to be assessed against
abutting property for each front foot; and
(5) notify each owner of abutting property and each
interested person to appear at the hearing.
(e) The notice is not required to describe any property or
to include the name of an owner. The notice is nonetheless binding
on and conclusive against an owner of abutting property or a person
interested in or having a lien or claim on the property.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 315.066. HEARING. (a) A hearing:
(1) is before the governing body of the municipality;
and
(2) may not be held before the 10th day after the date
of notice under Section 315.065.
(b) At any time before the close of the hearing, a person
interested in property that may be claimed to be subject to
assessment under this chapter is entitled to be heard on:
(1) any matter affecting the property itself;
(2) the benefit of the proposed improvement to the
property;
(3) a claim of liability relating to the property;
(4) the proposed lighting improvements;
(5) any invalidity or irregularity in a proceeding
regarding the proposed improvements; or
(6) any other objection to the proposed improvements.
(c) An objection must be filed in writing.
(d) At the hearing, an interested person may:
(1) produce evidence and witnesses; and
(2) appear in person or by attorney.
(e) The governing body:
(1) shall give a full hearing on an objection
presented under this section;
(2) may, from time to time and without further notice,
adjourn the hearing;
(3) may inquire into and determine all facts necessary
to adjudicate an objection or ascertain the special benefit to an
owner; and
(4) shall render a just decision in each case.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 315.067. RULES. The governing body of a municipality
may adopt rules governing hearings or notice of hearings that the
governing body considers advisable to give all property owners a
full hearing on assessments against them because of the special
benefits.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 315.068. WAIVER OF OBJECTION. An objection to an
irregularity in a proceeding regarding proposed lighting
improvements under this chapter or to the validity of an assessment
or adjudication of personal liability against abutting property or
an owner of abutting property is waived unless presented at the time
and in the manner prescribed by Section 315.066.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 315.069. ASSESSMENT ORDER. (a) After the close of a
hearing held under Section 315.066, the governing body of the
municipality by ordinance shall assess against each owner of
abutting property the proportionate cost of the lighting
improvements as decided by the governing body.
(b) The ordinance shall:
(1) impose a lien on the property;
(2) declare the owner of the property personally
liable for the amount assessed; and
(3) prescribe the time and manner of payment of the
assessed amount.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 315.070. INSTALLMENTS. (a) The governing body may
order the assessments payable in not more than six installments and
prescribe the amount, time, and manner of payment of the
installments.
(b) The last payment may not be deferred beyond the fifth
anniversary of the municipality's acceptance of the completed
lighting improvement.
(c) The ordinance shall prescribe the rate of interest, not
to exceed seven percent a year, to be charged on deferred payments.
(d) The ordinance may provide for the maturity and
collection of all deferred payments on the default of an
installment of principal or interest.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 315.071. DISCHARGE OF OBLIGATION. An owner of
abutting property may discharge the total amount assessed against
the owner, or any installment of that amount, at any time before
maturity, on payment of the amount with accrued interest.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 315.072. LIEN. (a) An assessment under this
subchapter against a property or property owner and any costs and
reasonable attorney's fees incurred are a personal claim against
the owner secured by a lien against the property.
(b) A lien under this section reverts back and takes effect
as of the date of the original resolution ordering the lighting
improvement. Adoption of the resolution is notice of the lien to
all persons.
(c) A person who owns property on the date of an ordinance
providing for an assessment against the property under Section
315.069 is personally liable for that person's respective portion
of the assessment.
(d) Assessing in one assessment more than one parcel of
property owned by a single owner or owned jointly by two or more
persons does not invalidate the assessment or a lien or claim of
personal liability under the assessment.
(e) An error in the name of an owner of assessed property in
the ordinance providing for the assessment does not invalidate the
lien or personal liability created by the ordinance. The lien or
personal liability exists against the true owner of the property as
if the owner had been correctly described.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 315.073. PRIORITY OF LIEN. A lien under Section
315.072 is superior to any other lien, claim, or title, except a
municipal, county, or state tax.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 315.074. CERTIFICATE OF OBLIGATION. (a) The
governing body of a municipality may provide that:
(1) a contractor to whom work is let under this chapter
may recover the costs assessed against abutting property and the
owners of abutting property only from the property or property
owners; and
(2) the municipality has no liability for the costs.
(b) The governing body may also authorize assignable
certificates against abutting property or owners of abutting
property.
(c) A recital in a certificate that states that the
procedure for making the lighting improvement was in compliance
with law and that all prerequisites to imposing the lien and to
creating the personal liability of the property owner were
performed is prima facie evidence in all courts that the procedure
and prerequisites were performed as stated in the certificate.
(d) A certificate authorized under this section shall be:
(1) executed by the municipality's chief executive;
and
(2) attested with the corporate seal by the municipal
secretary or other officer designated by the governing body.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 315.075. PAYMENT FROM AVAILABLE MONEY. (a) The cost
of lighting improvements made without a petition by property owners
shall be paid by the municipality out of the municipality's
available money.
(b) The amount paid by a municipality to a contractor under
this section shall be reimbursed to the municipality by assessments
against abutting property owners under this chapter.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER E. JUDICIAL PROCEEDINGS
§ 315.091. SUIT ON LIEN. Personal liability
established under Section 315.072 may be enforced by bringing suit.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 315.092. SUIT TO CONTEST ASSESSMENT OR
PROCEEDING. (a) A person who has an interest in property that may
be subject to assessment under this chapter or who has any other
financial interest in a proposed lighting improvement or the manner
in which the cost of the proposed improvement is to be paid may
bring suit to contest on any ground:
(1) the validity of a proceeding held on the making of
the improvement; or
(2) the validity in whole or in part of an assessment,
lien, or personal liability imposed by the proceeding.
(b) A suit under this section must be brought not later than
the 10th day after the date on which the hearing under Section
315.066 concludes.
(c) The municipality and any person to whom a contract has
been awarded shall be made defendants in a suit under this section.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 315.093. ESTOPPEL. (a) A person who does not bring
suit within the period prescribed by Section 315.092 or who does not
diligently and in good faith prosecute a suit to final judgment may
not contest or raise as a defense in another action the validity of
a proceeding or an assessment, lien, or personal liability imposed
by the proceeding.
(b) Estoppel under this section binds a person's heirs,
successors, administrators, and assigns.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 315.094. AFFIDAVIT. (a) In a suit brought under
Section 315.092, an affidavit must be attached to the plaintiff's
petition stating:
(1) that the matters alleged in the petition are true,
except for matters alleged on information and belief; and
(2) that the suit is brought in good faith and not to
injure or delay the municipality, the contractor, or an owner of
abutting property.
(b) If the plaintiff does not attach the affidavit required
by this section, the court shall dismiss the suit on a defendant's
motion and the plaintiff is barred to the same extent as if suit had
not been brought.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 315.095. SUSPENSION OF WORK. When suit is brought
under Section 315.092, the municipality or the contractor may
suspend performance of work until a final judgment is rendered in
the case and all appellate remedies are exhausted.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 315.096. APPEAL. (a) An appeal or writ of error must
be perfected not later than the 30th day after the date of
adjournment of the term of the court of original jurisdiction
during which judgment was rendered in the suit.
(b) An appeal or writ of error under this section is
entitled to precedence in state courts of appellate jurisdiction
and shall be heard and determined as soon as practicable.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
