Tex. Transp. Code § 313.042 · Subchapter C. ASSESSMENTS
ASSESSMENT ORDINANCE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The governing body of a municipality by ordinance may assess the cost of an improvement under this chapter against property that abuts the highway or part of the highway the municipality orders to be improved and against the owner of the property.
(b) Except as provided by Subsection (c), the governing body may not assess more than nine-tenths of the estimated cost of an improvement against properties or their owners.
(c) The entire cost of constructing, repairing, or realigning a curb, gutter, or sidewalk may be assessed against the property and its owner.
(d) The ordinance may:
(1) prescribe the terms of payment and default of the assessment; and
(2) prescribe the rate of interest to be paid on the assessment, not to exceed the greater of:
(A) eight percent a year; or
(B) the rate payable by the municipality on its most recently issued general obligation bonds, determined as of the date of the notice provided by Section 313.047.
(e) An assessment against abutting property is:
(1) a lien on the property that is superior to any other lien or claim except a lien or claim for ad valorem taxes; and
(2) a personal liability and charge against the owner of the property, regardless of whether the owner is named.
Notes and commentary — not statutory text
History
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 827, Sec. 2, eff. Sept. 1, 2001.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/TN/htm/TN.313.htm
- Text hash
- sha256 3978404dd7c811b5552a3a99bd8692b618c9e38f5d112e274b5356c21c4f0e7b
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.