Sec. 313.048. HEARING  


Latest version.
  • (a) A hearing under this subchapter shall be before the governing body of the municipality.

    (b) The owner of property abutting a proposed improvement or the owner of an affected railway is entitled to:

    (1) be heard on any matter for which a hearing is a constitutional prerequisite to the validity of an assessment under this chapter; and

    (2) contest:

    (A) the amount of the proposed assessment;

    (B) the lien and liability for the assessment;

    (C) the special benefit of the proposed improvement to the abutting property and the owner of the abutting property; and

    (D) the accuracy, sufficiency, regularity, or validity of the proceedings or contract for the improvement and proposed assessment.

    (c) The governing body may:

    (1) correct an error, inaccuracy, irregularity, or invalidity;

    (2) supply a deficiency;

    (3) determine the amount of an assessment;

    (4) determine any other necessary matter; and

    (5) by ordinance, end the hearing and impose the assessment before, during, or after the construction of the improvement.

    (d) An assessment may not:

    (1) exceed the enhanced value to the property as determined at the hearing; or

    (2) be made to mature before the municipality accepts the improvement for which the assessment is imposed.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.