Texas Water Code
§ 16.348 — SETTING OF FEE BY POLITICAL SUBDIVISION; LIEN; DELINQUENT FEES
WA § 16.348Title 2. WATER ADMINISTRATION · Part C. WATER DEVELOPMENT · Ch. 16. PROVISIONS GENERALLY APPLICABLE TO WATER DEVELOPMENT · Art. J. ECONOMICALLY DISTRESSED AREAS
Statute text
View on source(a)Before a political subdivision may set the amount of or impose a fee under Section 16.347 of this code, the political subdivision shall hold a hearing on the matter.
(b)Notice of the hearing shall be published in a newspaper of general circulation in the political subdivision once a week for two consecutive weeks. The first publication must occur not later than the 30th day before the date of the hearing. The political subdivision shall send, not later than the 30th day before the date of the hearing, notice of the hearing by certified mail, return receipt requested, to each owner of undeveloped property in the political subdivision. The tax assessor and collector of the political subdivision shall certify to the political subdivision the names of the persons owning undeveloped land in the political subdivision as reflected by the most recent certified tax roll of the political subdivision. Notice of the hearing also must be provided by certified mail, return receipt requested, to each mortgagee of record that has submitted a written request to be informed of any hearings. To be effective, the written request must be received by the political subdivision not later than the 60th day before the date of the hearing. The written request for notice must include the name and address of the mortgagee, the name of the property owner in the political subdivision, and a brief property description.
(c)The amount of a distressed areas water financing fee imposed by a political subdivision pursuant to this section must be reasonably related to that portion of the total amount required to be paid annually in repayment of financial assistance that can be attributed to undeveloped property in the area to be served by water supply and sewer services provided with that financial assistance.
(d)The distressed areas water financing fee or the lien securing the fee is not effective or enforceable until the governing body of the political subdivision has filed for recordation with the county clerk in each county in which any part of the political subdivision is located and the county clerk has recorded and indexed a duly affirmed and acknowledged notice of imposition of the distressed areas water financing fee containing the following information:
(1)the name of the political subdivision;
(2)the date of imposition by the political subdivision of the distressed areas water financing fee;
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Legislative history
Added by Acts 1989, 71st Leg., ch. 624, Sec. 2.13.