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 a written contract with a record owner of real property in a region designated under this chapter to impose an assessment to repay the owner's financing of a qualified project on the owner's property. The financing to be repaid through assessments may be provided by a third party or, if authorized by the program, by the local government.
(c) If the program provides for third-party financing, the authorized representative of the local government that enters into a written contract with a property owner under Subsection (b) must also enter into a written contract with the party that provides financing for a qualified project under the program to service the debt through assessments.
(d) If the program provides for local government financing, the written contract described by Subsection (b) must be a contract to finance the qualified project through assessments.
(e) The financing for which assessments are imposed may include:
(1) the cost of materials and labor necessary for installation or modification of a qualified improvement;
(2) permit fees;
(3) inspection fees;
(4) lender's fees;
(5) program application and administrative fees;
(6) project development and engineering fees;
(7) third-party review fees, including verification review fees, under Section 399.011; and
(8) any other fees or costs that may be incurred by the property owner incident to the installation, modification, or improvement on a specific or pro rata basis, as determined by the local government.
Added by Acts 2013, 83rd Leg., R.S., Ch. 416 (S.B. 385), Sec. 1, eff. June 14, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 577 (H.B. 3187), Sec. 2, eff. June 16, 2015.
Structure Texas Statutes
Title 12 - Planning and Development
Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government
Chapter 399 - Municipal and County Water and Energy Improvement Regions
Section 399.003. Exercise of Powers
Section 399.004. Authorized Assessments
Section 399.005. Written Contract for Assessment Required
Section 399.006. Establishment of Program
Section 399.007. Designation of Region
Section 399.008. Procedure for Establishment of Program
Section 399.009. Report Regarding Assessment
Section 399.010. Notice to Mortgage Holder Required for Participation
Section 399.011. Review Required
Section 399.012. Direct Acquisition by Owner
Section 399.013. Recording of Notice of Contractual Assessment Required
Section 399.015. Contract for Collection of Assessments; No Personal Liability
Section 399.016. Bonds or Notes
Section 399.017. Joint Implementation