CHAPTER 315. ARTIFICIAL LIGHTING

TRANSPORTATION CODE

TITLE 6. ROADWAYS

SUBTITLE E. MUNICIPAL STREETS

CHAPTER 315. ARTIFICIAL LIGHTING

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 315.001. DEFINITIONS. In this chapter:

(1) "Abutting property" means property abutting a street on

which lighting improvements are made or proposed to be made.

(2) "Special benefit" means the amount of enhanced value that a

property receives as a result of lighting improvements.

(3) "Street" includes a portion, not less than one block, of a

street.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 315.002. APPLICABILITY. This chapter applies only to a

municipality with a population of more than 5,000.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER B. AUTHORITY AND INITIAL PROCEDURES

Sec. 315.021. ESTABLISHMENT OF LIGHTING IMPROVEMENTS. (a) A

municipality may install and maintain lighting improvements for a

local public street as provided by this chapter if the governing

body of the municipality adopts a resolution:

(1) on its own motion if:

(A) the governing body considers it more advantageous to the

public; and

(B) public money is available for that purpose; or

(2) following the receipt of a petition from the owners of

property abutting a street to install and maintain street

lighting improvements.

(b) Adoption of the resolution is conclusive of the public

necessity and benefit of the lighting improvements. Failure to

give notice of the adoption of a resolution does not affect the

resolution's validity.

(c) The resolution must describe:

(1) the nature and extent of the lighting improvements to be

made;

(2) any street or district composed of streets, highways, or

alleys to be lighted;

(3) the materials to be used; and

(4) the method of paying the cost of the improvements.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 315.022. CONTENTS OF PETITION. (a) A petition submitted

under Section 315.021(a)(2) must:

(1) state that a street or a district composed of streets,

highways, or alleys should be lighted;

(2) state that lighting improvements are needed for that

purpose;

(3) name and describe the street or district to be lighted;

(4) state that the lighting will be a public improvement and

will be conducive to the public welfare; and

(5) be signed by a majority of the owners of property abutting

streets designated in the petition.

(b) A petition submitted under Section 315.021(a)(2) may:

(1) provide plans and specifications for the requested lighting

improvements; and

(2) specify the kind of poles, lights, or other material

necessary to properly install the improvements or any part of the

necessary material.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 315.023. PLANS AND SPECIFICATIONS. (a) The governing body

may:

(1) order the use of all or any part of the materials specified

in the petition in constructing the lighting improvements;

(2) if materials specified in the petition are not available,

order the use of materials similar in kind and quality to the

specified materials; or

(3) reject any or all plans and specifications included in the

petition and have new plans and specifications prepared by the

municipal engineer.

(b) On adoption of a resolution as provided by Section 315.021,

the municipal engineer shall:

(1) prepare plans and specifications for the lighting

improvements ordered by the resolution; and

(2) submit the completed plans and specifications to the

governing body for approval.

(c) If there is no municipal engineer, the municipal official

whose duties most closely correspond to those of a municipal

engineer shall prepare and submit the plans and specifications.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 315.024. OWNERSHIP AND CONTROL. After lighting

improvements made under this chapter are installed and accepted

by the municipality, the improvements become a part of the

municipality's lighting system.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 315.025. USE OF AVAILABLE MONEY. A municipality may use

available money to assist in financing lighting improvements.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER C. BIDS AND CONTRACTS

Sec. 315.041. ADVERTISEMENT FOR BID. (a) On approval and

adoption of plans and specifications by the governing body of a

municipality, the municipal secretary or other officer designated

by the governing body shall advertise for sealed bids for

installing the lighting improvements according to the

specifications.

(b) The advertisement shall be published in a daily newspaper of

general circulation in the municipality and shall state the time

within which bids may be received.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 315.042. FILING OF BID. (a) The governing body of a

municipality may prescribe a period of not less than 10 or more

than 15 days after the date on which the advertisement for bids

is published within which bids may be received.

(b) Bids shall be filed with the municipal secretary or another

officer designated by the governing body.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 315.043. AMENDMENT OF BID PROHIBITED. A bid may not be

amended after it has been filed.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 315.044. OPENING OF BIDS; ACCEPTANCE OR REJECTION. (a)

Bids shall be opened and read at a public meeting of the

governing body of a municipality.

(b) The governing body may:

(1) accept a bid it considers most advantageous to the owners of

abutting property; or

(2) reject any or all bids.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 315.045. CONTRACTS. (a) After the governing body of a

municipality has accepted a bid for lighting improvements, the

municipality shall contract with a contractor whose bid has been

accepted.

(b) A contract shall be:

(1) executed by the municipality's chief executive; and

(2) attested with the corporate seal by the municipal secretary

or other officer designated by the governing body.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER D. PAYMENT OF COSTS

Sec. 315.061. AUTHORITY TO ASSESS COSTS. (a) A municipality

may assess against owners of abutting property who will specially

benefit from lighting improvements the entire cost, including

labor and material, of installing the improvements.

(b) A municipality may impose a lien against abutting property

to secure the payment of the assessment against that property.

(c) Costs may not be assessed against any property or property

owner and personal liability for costs may not be finally

determined until after the hearing under Section 315.066 and the

adjustment of equities between or among abutting property owners

under Section 315.063.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 315.062. METHOD OF ASSESSMENT. (a) An assessment against

abutting property or an owner of abutting property shall be made

according to the frontage of that property on a street to be

improved in proportion to the total frontage on all streets to be

improved.

(b) The costs shall be apportioned according to the frontage or

front foot rule but may not exceed the special benefit to the

property.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 315.063. ADJUSTMENT OF EQUITIES. If the governing body of

a municipality considers that assessing and apportioning costs as

provided by Section 315.062 would be unjust or unequal in a

particular case, the governing body shall assess and apportion

the costs justly and equally, considering the special benefit to

each owner, the equities of the owners, and the adjustment of the

apportionment, so as to produce a substantial equality of

benefits received by and burdens imposed on each owner.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 315.064. STATEMENT OF OWNERSHIP AND COSTS. (a) After the

governing body of a municipality has approved and executed a

contract for lighting improvements, the municipal engineer shall

prepare and submit to the governing body a written statement

that:

(1) lists the owners of property abutting any street to be

improved;

(2) states the number of front feet owned by each owner;

(3) describes, by lot and block number or by another method that

identifies the property, the abutting property owned by each

owner; and

(4) estimates:

(A) the total cost of the improvement;

(B) the amount for each front foot to be assessed against

abutting property and its owner; and

(C) the total amount to be assessed against each owner.

(b) If there is no municipal engineer, the municipal official

whose duties most closely correspond to those of a municipal

engineer shall prepare and submit the statement.

(c) The governing body shall examine the statement and correct

any error in the statement.

(d) An error or omission in a statement prepared under this

section does not invalidate an assessment or a lien or claim of

personal liability imposed under an assessment.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 315.065. NOTICE OF HEARING. (a) After the governing body

of a municipality has examined and approved a statement prepared

under Section 315.064, the governing body by resolution shall

direct publication of notice of a hearing to owners of abutting

property.

(b) Notice shall be published for 10 consecutive days in a daily

newspaper of general circulation in the municipality where the

lighting improvements are to be made.

(c) If there is no daily newspaper, the governing body shall

notify the owners by registered mail before the 10th day before

the date of the hearing.

(d) The notice must:

(1) state the place and time of the hearing;

(2) generally describe the lighting improvements;

(3) name any street to be improved;

(4) state the amount proposed to be assessed against abutting

property for each front foot; and

(5) notify each owner of abutting property and each interested

person to appear at the hearing.

(e) The notice is not required to describe any property or to

include the name of an owner. The notice is nonetheless binding

on and conclusive against an owner of abutting property or a

person interested in or having a lien or claim on the property.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 315.066. HEARING. (a) A hearing:

(1) is before the governing body of the municipality; and

(2) may not be held before the 10th day after the date of notice

under Section 315.065.

(b) At any time before the close of the hearing, a person

interested in property that may be claimed to be subject to

assessment under this chapter is entitled to be heard on:

(1) any matter affecting the property itself;

(2) the benefit of the proposed improvement to the property;

(3) a claim of liability relating to the property;

(4) the proposed lighting improvements;

(5) any invalidity or irregularity in a proceeding regarding the

proposed improvements; or

(6) any other objection to the proposed improvements.

(c) An objection must be filed in writing.

(d) At the hearing, an interested person may:

(1) produce evidence and witnesses; and

(2) appear in person or by attorney.

(e) The governing body:

(1) shall give a full hearing on an objection presented under

this section;

(2) may, from time to time and without further notice, adjourn

the hearing;

(3) may inquire into and determine all facts necessary to

adjudicate an objection or ascertain the special benefit to an

owner; and

(4) shall render a just decision in each case.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 315.067. RULES. The governing body of a municipality may

adopt rules governing hearings or notice of hearings that the

governing body considers advisable to give all property owners a

full hearing on assessments against them because of the special

benefits.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 315.068. WAIVER OF OBJECTION. An objection to an

irregularity in a proceeding regarding proposed lighting

improvements under this chapter or to the validity of an

assessment or adjudication of personal liability against abutting

property or an owner of abutting property is waived unless

presented at the time and in the manner prescribed by Section

315.066.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 315.069. ASSESSMENT ORDER. (a) After the close of a

hearing held under Section 315.066, the governing body of the

municipality by ordinance shall assess against each owner of

abutting property the proportionate cost of the lighting

improvements as decided by the governing body.

(b) The ordinance shall:

(1) impose a lien on the property;

(2) declare the owner of the property personally liable for the

amount assessed; and

(3) prescribe the time and manner of payment of the assessed

amount.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 315.070. INSTALLMENTS. (a) The governing body may order

the assessments payable in not more than six installments and

prescribe the amount, time, and manner of payment of the

installments.

(b) The last payment may not be deferred beyond the fifth

anniversary of the municipality's acceptance of the completed

lighting improvement.

(c) The ordinance shall prescribe the rate of interest, not to

exceed seven percent a year, to be charged on deferred payments.

(d) The ordinance may provide for the maturity and collection of

all deferred payments on the default of an installment of

principal or interest.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 315.071. DISCHARGE OF OBLIGATION. An owner of abutting

property may discharge the total amount assessed against the

owner, or any installment of that amount, at any time before

maturity, on payment of the amount with accrued interest.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 315.072. LIEN. (a) An assessment under this subchapter

against a property or property owner and any costs and reasonable

attorney's fees incurred are a personal claim against the owner

secured by a lien against the property.

(b) A lien under this section reverts back and takes effect as

of the date of the original resolution ordering the lighting

improvement. Adoption of the resolution is notice of the lien to

all persons.

(c) A person who owns property on the date of an ordinance

providing for an assessment against the property under Section

315.069 is personally liable for that person's respective portion

of the assessment.

(d) Assessing in one assessment more than one parcel of property

owned by a single owner or owned jointly by two or more persons

does not invalidate the assessment or a lien or claim of personal

liability under the assessment.

(e) An error in the name of an owner of assessed property in the

ordinance providing for the assessment does not invalidate the

lien or personal liability created by the ordinance. The lien or

personal liability exists against the true owner of the property

as if the owner had been correctly described.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 315.073. PRIORITY OF LIEN. A lien under Section 315.072 is

superior to any other lien, claim, or title, except a municipal,

county, or state tax.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 315.074. CERTIFICATE OF OBLIGATION. (a) The governing

body of a municipality may provide that:

(1) a contractor to whom work is let under this chapter may

recover the costs assessed against abutting property and the

owners of abutting property only from the property or property

owners; and

(2) the municipality has no liability for the costs.

(b) The governing body may also authorize assignable

certificates against abutting property or owners of abutting

property.

(c) A recital in a certificate that states that the procedure

for making the lighting improvement was in compliance with law

and that all prerequisites to imposing the lien and to creating

the personal liability of the property owner were performed is

prima facie evidence in all courts that the procedure and

prerequisites were performed as stated in the certificate.

(d) A certificate authorized under this section shall be:

(1) executed by the municipality's chief executive; and

(2) attested with the corporate seal by the municipal secretary

or other officer designated by the governing body.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 315.075. PAYMENT FROM AVAILABLE MONEY. (a) The cost of

lighting improvements made without a petition by property owners

shall be paid by the municipality out of the municipality's

available money.

(b) The amount paid by a municipality to a contractor under this

section shall be reimbursed to the municipality by assessments

against abutting property owners under this chapter.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER E. JUDICIAL PROCEEDINGS

Sec. 315.091. SUIT ON LIEN. Personal liability established

under Section 315.072 may be enforced by bringing suit.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 315.092. SUIT TO CONTEST ASSESSMENT OR PROCEEDING. (a) A

person who has an interest in property that may be subject to

assessment under this chapter or who has any other financial

interest in a proposed lighting improvement or the manner in

which the cost of the proposed improvement is to be paid may

bring suit to contest on any ground:

(1) the validity of a proceeding held on the making of the

improvement; or

(2) the validity in whole or in part of an assessment, lien, or

personal liability imposed by the proceeding.

(b) A suit under this section must be brought not later than the

10th day after the date on which the hearing under Section

315.066 concludes.

(c) The municipality and any person to whom a contract has been

awarded shall be made defendants in a suit under this section.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 315.093. ESTOPPEL. (a) A person who does not bring suit

within the period prescribed by Section 315.092 or who does not

diligently and in good faith prosecute a suit to final judgment

may not contest or raise as a defense in another action the

validity of a proceeding or an assessment, lien, or personal

liability imposed by the proceeding.

(b) Estoppel under this section binds a person's heirs,

successors, administrators, and assigns.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 315.094. AFFIDAVIT. (a) In a suit brought under Section

315.092, an affidavit must be attached to the plaintiff's

petition stating:

(1) that the matters alleged in the petition are true, except

for matters alleged on information and belief; and

(2) that the suit is brought in good faith and not to injure or

delay the municipality, the contractor, or an owner of abutting

property.

(b) If the plaintiff does not attach the affidavit required by

this section, the court shall dismiss the suit on a defendant's

motion and the plaintiff is barred to the same extent as if suit

had not been brought.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 315.095. SUSPENSION OF WORK. When suit is brought under

Section 315.092, the municipality or the contractor may suspend

performance of work until a final judgment is rendered in the

case and all appellate remedies are exhausted.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 315.096. APPEAL. (a) An appeal or writ of error must be

perfected not later than the 30th day after the date of

adjournment of the term of the court of original jurisdiction

during which judgment was rendered in the suit.

(b) An appeal or writ of error under this section is entitled to

precedence in state courts of appellate jurisdiction and shall be

heard and determined as soon as practicable.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.