Sec. 286.002. ROAD IMPROVEMENT AND ASSESSMENT

(a) The commissioners court of the county may improve a county road in the county by:

(1) filling, grading, raising, paving, or repairing the road in a permanent manner;

(2) constructing, repairing, or realigning a curb, gutter, or sidewalk;

(3) constructing a drain or culvert; or

(4) installing a streetlight.

(b) The commissioners court by order may assess against property abutting the portion of the county road to be improved and against the owners of that property:

(1) all or part of the cost of:

(A) constructing, repairing, or realigning a curb, gutter, or sidewalk; or

(B) installing a streetlight; and

(2) not more than nine-tenths of the cost of any other improvement.

(c) The commissioners court may:

(1) determine the amount of the assessment and any other necessary matter;

(2) provide the terms of payment and default of the assessment;

(3) prescribe the interest rate on the assessment, not to exceed eight percent a year;

(4) make the assessment before, during, or after the construction of the improvement;

(5) make an assessment against several parcels of property in one assessment when the parcels are owned by the same person; and

(6) jointly assess property owned jointly.

(d) An assessment authorized by this section:

(1) does not mature before the county accepts the improvements for which the assessment is made;

(2) is collectable with interest, cost of collection, and reasonable attorney's fees, if incurred;

(3) is a personal liability and charge against the owner of the assessed property, regardless of whether the owner is named; and

(4) is a first and prior lien on the assessed property and superior to any other lien or claim on the property except county, school district, or municipal ad valorem taxes from the date the commissioners court orders the improvement of the road abutting the property.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 847, Sec. 1, eff. June 14, 2001.