Tex. Transp. Code § 313.054 · Subchapter C. ASSESSMENTS
ENFORCEMENT OF ASSESSMENT; PRIORITY OF LIEN; DEFENSES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) An assessment under this subchapter:
(1) is collectible with interest, expense of collection, and reasonable attorney's fees, if incurred;
(2) is a first and prior lien on the property on which the lien is created from the date the municipality orders the improvement; and
(3) is superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes.
(b) A lien against property or the personal liability of a property owner that arises from an assessment made under this subchapter may be enforced by:
(1) suit; or
(2) sale of the property assessed in the manner provided by law for sale of property for municipal ad valorem taxes.
(c) In a suit on an assessment for which a certificate has been issued, it is sufficient to allege the substance of the recitals in the certificate and that the recitals are true. Additional allegations about the assessment proceedings are not necessary in the suit.
(d) In a suit to enforce an assessment, the only defenses are that:
(1) the notice of the hearing:
(A) was not mailed as required;
(B) was not published; or
(C) did not contain the substance of a requirement prescribed for the notice; or
(2) the assessment exceeded the amount of the estimate.
Notes and commentary — not statutory text
History
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
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 15aec406b1bb6ad9fd5838c0752b03c991ab11f226274b098496746eb9afec67
- 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
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.