Texas Transportation Code 313.045 – Assessment or Tax On Railways for Certain Improvements
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(a) The governing body of a municipality may assess against a railway that uses, occupies, or crosses a highway the cost of a highway improvement in the area between, under, or in the area extending two feet outside of the railway’s rails, tracks, double tracks, turn outs, or switches.
(b) The governing body by ordinance may impose a special tax on the railway and its roadbed, ties, rails, fixtures, rights, and franchises.
Terms Used In Texas Transportation Code 313.045
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Property: means real and personal property. See Texas Government Code 311.005
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) The tax imposed under Subsection (b) is a lien on the railway and its roadbed, ties, rails, fixtures, rights, and franchises that is superior to any other lien or claim except county or municipal ad valorem taxes.
(d) A tax lien imposed under Subsection (c) may be enforced by:
(1) sale of the property in the manner provided by law for the collection of ad valorem taxes by the municipality; or
(2) suit.
(e) The ordinance imposing the special tax must prescribe the terms of payment of the tax.
(f) The rate of interest may not exceed the greater of:
(1) eight percent a year; or
(2) the rate payable by the municipality on its most recently issued general obligation bonds, determined as of the date of the notice provided by Section 313.047.
(g) If the special tax imposed under Subsection (b) is not paid when due, the municipality may collect the tax, interest, expenses of collection, and reasonable attorney’s fees, if incurred.
(h) The governing body may issue assignable certificates in evidence of an assessment as provided by Section 313.052.