Transportation Code § 313.048

Sec. 313.048. HEARING. (a) A hearing under this subchapter shall be before the governing body of the municipality. (b) The owner of property abutting a proposed improvement or the owner of an affected railway is entitled to: (1) be heard on any matter for which a hearing is a constitutional prerequisite to the validity of an assessment under this chapter; and (2) contest: (A) the amount of the proposed assessment; (B) the lien and liability for the assessment; (C) the special benefit of the proposed improvement to the abutting property and the owner of the abutting property; and (D) the accuracy, sufficiency, regularity, or validity of the proceedings or contract for the improvement and proposed assessment. (c) The governing body may: (1) correct an error, inaccuracy, irregularity, or invalidity; (2) supply a deficiency; (3) determine the amount of an assessment; (4) determine any other necessary matter; and (5) by ordinance, end the hearing and impose the assessment before, during, or after the construction of the improvement. (d) An assessment may not: (1) exceed the enhanced value to the property as determined at the hearing; or (2) be made to mature before the municipality accepts the improvement for which the assessment is imposed. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.