This section controls how a hearing on a proposed assessment is conducted and what the board or hearings examiner must do after the findings are made.
Sec. 60.130. CONDUCT OF HEARING. (a) A hearing on a proposed assessment may be adjourned from time to time. (b) If a hearings examiner conducts the hearing, the examiner shall file with the board a report on the examiner's findings under Subsection (d). (c) The board or hearings examiner shall hear and rule on all objections to a proposed assessment raised at the hearing by an owner of real property that would be subject to the assessment or on which agricultural products subject to the assessment are produced. (d) The board or hearings examiner shall make findings relating to the: (1) advisability of the assessment, including the purpose of the assessment; (2) estimated cost of the assessment; (3) area benefited by the assessment; (4) method of assessment; and (5) method and time for payment of the assessment. (e) After receiving or issuing the findings required by Subsection (d), the board by order: (1) shall: (A) impose the assessment as a special assessment on the property or on the agricultural products; and (B) specify the method of payment on the assessment; and (2) may: (A) amend a proposed assessment; (B) require an assessment to be paid in periodic installments, including interest; (C) require an interest charge or penalty for a failure to make timely payment; or (D) charge an amount to cover a delinquency or collection expense. (f) If the board orders that an assessment may be paid in periodic installments, the installments must: (1) be in amounts sufficient to meet the annual costs of the project or service for which the assessment is imposed; and (2) continue for the number of years required to retire the indebtedness or pay for the project or service for which the assessment is imposed. Added by Acts 2001, 77th Leg., ch. 1393, Sec. 1, eff. June 16, 2001.