A commissioners court may assess under Section 286.002 only after required notice and a hearing. The hearing notice must be published three times and mailed at least 14 days before the hearing, with specified content.
Sec. 286.007. NOTICE AND OTHER PREHEARING REQUIREMENTS. (a) A commissioners court may make an assessment under Section 286.002 only after notice and an opportunity for a hearing is provided in accordance with this subchapter. (b) Notice of the hearing must be published at least three times in a newspaper of general circulation in the county in which the assessment is to be made. The first publication of the notice must appear not later than the 21st day before the date of the hearing. (c) Notice of the hearing must be mailed with postage prepaid to the address of the owner of the property that abuts the county road to be improved, as determined from the current rendered and unrendered county tax rolls. The notice must be mailed 14 days before the date of the hearing. (d) The mailed notice: (1) is not required if the county tax rolls list the owners of the property as unknown; and (2) may be addressed to the estate if the tax rolls show the owner of the property is an estate. (e) To be sufficient and binding on a person who owns or claims the property or an interest in the property, the mailed notice must: (1) generally describe the nature of the improvement for which the assessment is to be made; (2) describe the county road to be improved or the portion of the county road to which the improvement is related; (3) state the estimated cost per front foot proposed to be assessed against the property or the property's owners; (4) state the estimated total cost of the improvement; and (5) state the time and place of the hearing. (f) The mailed notice may consist of a copy of the published notice if the notice contains the information required by Subsection (e). Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.