A governing body that plans to assess property must file notice with the county clerk, and the clerk must record and index it.
Sec. 314.043. NOTICE TO COUNTY CLERK OF ASSESSMENT. (a) A governing body that proposes to assess property abutting an improvement shall file notice with the county clerk of each county in which the property is located. The notice must be signed in the name of the municipality by its clerk, secretary, or mayor or the officer performing the duties of the clerk, secretary, or mayor. (b) The notice required by Subsection (a) must: (1) show substantially that the governing body has determined it necessary that the street be improved; (2) give the name of: (A) the street and the names of the two cross streets or other approximate lengthwise limits between which the street is to be or has been improved or otherwise identify or designate the street and the portion of the street to be improved; and (B) the subdivision and affected blocks if the street abuts a subdivision for which a plat has been recorded in the county clerk's office; and (3) state that a portion of the cost of the improvement is to be or has been specifically assessed as a lien on property abutting the street. (c) A notice filed under Subsection (a) may include one or more streets or improvements. (d) A governing body that proposes to assess property not abutting the improvement shall file a notice signed as required by Subsection (a) with the clerk of each county where the property is located. (e) The notice required by Subsection (d) must: (1) designate the property proposed to be assessed or the district within which assessments have been or may be made; or (2) otherwise identify the property against which a lien is proposed to be assessed. (f) A notice required by Subsection (a) or (d) need not give details or be sworn to or acknowledged. The notice may be filed at any time, and the county clerk with whom the notice is filed shall: (1) record the notice in the same class of records as a mortgage or deed of trust; and (2) index the notice in the name of the municipality and in the name or other designation of the street to which the notice relates. (g) Substantial compliance with this section is sufficient. (h) In this section, "street" includes any part of a street, alley, highway, public place, or square. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 827, Sec. 3, eff. Sept. 1, 2001.