Sec. 313.048. HEARING. (a) A hearing under this subchapter shall be before the governing body of the municipality.
(b) The owner of property abutting a proposed improvement or the owner of an affected railway is entitled to:
(1) be heard on any matter for which a hearing is a constitutional prerequisite to the validity of an assessment under this chapter; and
(2) contest:
(A) the amount of the proposed assessment;
(B) the lien and liability for the assessment;
(C) the special benefit of the proposed improvement to the abutting property and the owner of the abutting property; and
(D) the accuracy, sufficiency, regularity, or validity of the proceedings or contract for the improvement and proposed assessment.
(c) The governing body may:
(1) correct an error, inaccuracy, irregularity, or invalidity;
(2) supply a deficiency;
(3) determine the amount of an assessment;
(4) determine any other necessary matter; and
(5) by ordinance, end the hearing and impose the assessment before, during, or after the construction of the improvement.
(d) An assessment may not:
(1) exceed the enhanced value to the property as determined at the hearing; or
(2) be made to mature before the municipality accepts the improvement for which the assessment is imposed.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Structure Texas Statutes
Subtitle E - Municipal Streets
Chapter 313 - Street Improvements and Assessments in Certain Municipalities
Section 313.042. Assessment Ordinance
Section 313.043. Assessment Against Parcels Owned Jointly
Section 313.044. Assessment Apportioned Under Front Foot Rule Unless Inequitable
Section 313.045. Assessment or Tax on Railways for Certain Improvements
Section 313.046. Assessment for Improvement of Boundary Highway
Section 313.047. Notice of Hearing on Assessment
Section 313.049. Appeal of Assessment
Section 313.050. Correction of Assessments
Section 313.051. No Lien on Exempt Property; Liability of Owner
Section 313.052. Assessment Certificates
Section 313.053. Changes in Proceedings; Procedure
Section 313.054. Enforcement of Assessment; Priority of Lien; Defenses
Section 313.055. Chapter Not Affected by Statements or Actions of Municipal Officers or Employees