H.B. No. 3002
 
 
 
 
AN ACT
  relating to the fee imposed on certain property owners by a county
  for the establishment of street lights along a county road.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 280.003, Transportation Code, is amended
  by amending Subsection (b) and adding Subsections (d), (e), and (f)
  to read as follows:
         (b)  The commissioners court of a [the] county may by order
  provide for the establishment of street lights along a county road
  located in a subdivision.  The order may provide for:
               (1)  the installation, operation, and  maintenance of
  the street lights by:
                     (A)  the county; or
                     (B)  another public or private entity with which
  the county may contract;
               (2)  the imposition of a fee on landowners in the
  subdivision who benefit from the street lights;
               (3)  the collection of a fee imposed under this
  subsection by[:
                     [(A)]  the county tax assessor-collector[; or
                     [(B)     another public or private entity with which
  the county may contract]; and
               (4)  any other matter the commissioners court finds
  necessary to the installation, operation, or maintenance of the
  street lights.
         (d)  The county tax assessor-collector of a county in which a
  fee is imposed under this section shall include the fee in the tax
  bill prepared under Section 31.01, Tax Code, for each landowner
  whose real property is benefited by the street lights for which the
  fee is imposed.  The tax bill must separately state the amount of
  the fee imposed under this section. The county tax
  assessor-collector shall collect the fee for the county in the same
  manner that the county tax assessor-collector collects ad valorem
  taxes for the county.
         (e)  A commissioners court may obtain a lien against real
  property benefited by the street lights for which a fee is imposed
  under this section to secure payment of the fee. To obtain the lien,
  the commissioners court must file a notice with the county clerk of
  the county in which the property is located that includes:
               (1)  a statement that the fee has been imposed on the
  landowner and the amount of the fee;
               (2)  a legal description of the property on which the
  lien is to be attached sufficient to identify the property; and
               (3)  the name of the landowner, if known.
         (f)  The lien authorized by this section exists in favor of
  the county.  The lien attaches to the real property on the date the
  notice of lien is filed with the county clerk. The lien is inferior
  to a mortgage lien recorded with the county clerk before the date
  the lien authorized by this section attaches to the property.  A
  county may not foreclose a lien authorized by this section if the
  lien is the only lien attached to the property.
         SECTION 2.  The changes in law made by this Act apply only to
  a fee imposed by a county under Section 280.003, Transportation
  Code, as amended by this Act, on or after the effective date of this
  Act.
         SECTION 3.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3002 was passed by the House on May
  15, 2015, by the following vote:  Yeas 124, Nays 15, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3002 was passed by the Senate on May
  26, 2015, by the following vote:  Yeas 25, Nays 6.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor