Title LG, Local Government Code

Sec. 399.005. WRITTEN CONTRACT FOR ASSESSMENT REQUIRED. A local government may impose an assessment under this chapter only under a written contract with the record owner of the real property to be assessed. Added by Acts 2013, 83rd Leg., R.S., Ch. 416 (S.B. 385), Sec. 1, eff. Ju…

Sec. 399.006. ESTABLISHMENT OF PROGRAM. (a) The governing body of a local government may determine that it is convenient and advantageous to establish a program under this chapter. (b) An authorized representative of the local government that establishes a program may enter into …

Sec. 399.007. DESIGNATION OF REGION. (a) The governing body of a local government may determine that it is convenient and advantageous to designate an area of the local government as a region within which the authorized representative of the local government and record owners of …

Sec. 399.008. PROCEDURE FOR ESTABLISHMENT OF PROGRAM. (a) To establish a program under this chapter, the governing body of a local government must take the following actions in the following order: (1) adopt a resolution of intent that includes: (A) a finding that, if appropriate…

Sec. 399.009. REPORT REGARDING ASSESSMENT. (a) The report for a proposed program required by Section 399.008 must include: (1) a map showing the boundaries of the proposed region; (2) a form contract between the local government and the property owner specifying the terms of: (A)…

Sec. 399.010. NOTICE TO MORTGAGE HOLDER REQUIRED FOR PARTICIPATION. Before a local government may enter into a written contract with a record owner of real property to impose an assessment to repay the financing of a qualified project under this chapter: (1) the holder of any mor…

Sec. 399.011. REVIEW REQUIRED. (a) A program established under this chapter must require for each proposed qualified project: (1) a review of water or energy baseline conditions and the projected water or energy savings to establish the projected water or energy savings; and (2) …

Sec. 399.012. DIRECT ACQUISITION BY OWNER. The proposed arrangements for financing a qualified project may authorize the property owner to: (1) purchase directly the related equipment and materials for the installation or modification of a qualified improvement; and (2) contract …

Sec. 399.013. RECORDING OF NOTICE OF CONTRACTUAL ASSESSMENT REQUIRED. (a) A local government that authorizes financing through contractual assessments under this chapter shall file written notice of each contractual assessment in the real property records of the county in which t…

Sec. 399.014. LIEN. (a) A contractual assessment under this chapter and any interest or penalties on the assessment: (1) is a first and prior lien against the real property on which the assessment is imposed from the date on which the notice of contractual assessment is recorded …

Sec. 399.015. CONTRACT FOR COLLECTION OF ASSESSMENTS; NO PERSONAL LIABILITY. (a) The governing body of a local government may contract with the governing body of another taxing unit, as defined by Section 1.04, Tax Code, or another entity, including a county assessor-collector, t…

Sec. 399.016. BONDS OR NOTES. (a) A local government may issue bonds or notes to finance qualified projects through contractual assessments under this chapter. (b) Bonds or notes issued under this section may not be general obligations of the local government. The bonds or notes …

Sec. 399.017. JOINT IMPLEMENTATION. (a) Any combination of local governments may agree to jointly implement or administer a program under this chapter, including entering into an interlocal contract under Chapter 791, Government Code, to jointly implement or administer a program.…

Sec. 399.018. PROHIBITED ACTS. A local government that establishes a region under this chapter may not: (1) make the issuance of a permit, license, or other authorization from the local government to a person who owns property in the region contingent on the person entering into …

Sec. 399.019. NO PERSONAL LIABILITY. The members of the governing body of a local government, other elected officials of a local government, employees of a local government, and board members, executives, employees, and contractors of a third party who enter into a contract with …