Texas Transportation Code - Section 254.017. Certification And Collection Of Assessments; Liens
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§ 254.017. CERTIFICATION AND COLLECTION OF ASSESSMENTS;
LIENS. (a) At the same term at which the commissioners court
enters its order for the construction of the ditches and adjoining
roadway or at any subsequent term, the court shall enter on its
minutes a list of each tract of real property for which an
assessment of expense was made and reported by the jury of view and
approved by the court. The list must include:
(1) the names of the owners and original grantees of
each tract;
(2) the number of acres covered by the assessment; and
(3) the amount of the assessment.
(b) The county clerk shall issue a certificate against each
person on the list showing the amount of each assessment, the ditch
or road for which the assessment was issued, and the tract of
property on which the assessment was issued. The certificate must
be signed by the county judge in open court and attested under the
hand and seal of the county clerk, and that fact shall be noted in
the minutes of the court.
(c) All amounts assessed against any property and its owner
by the jury of view or the order of the court are a lien on the
property unless prohibited by the Texas Constitution.
(d) The county judge shall deliver the certificates to the
county treasurer, and shall take a receipt for delivery from the
treasurer and file it with the county records relating to the ditch.
The treasurer shall collect each amount due on the certificates and
deposit the money collected to the credit of the county road and
bridge fund.
(e) If a person against whom a certificate is issued does
not pay the amount due to the treasurer on demand, the treasurer
shall report that fact to the county attorney. The county attorney
shall immediately file suit for foreclosure of the lien or for a
personal judgment, as permitted by law.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
Section: 254.010 254.011 254.012 254.013 254.014 254.015 254.016 254.017 254.018 254.019 255.001 255.002 255.003 255.004 255.005
Last modified: August 10, 2007
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