Texas Water Code 68.313 – Failure to Pay Assessment; Liens for Assessments
(a) If an assessed facility fails to pay an assessment as provided in a district’s assessment plan, the district may impose a lien against the facility assessed.
(b) An assessment, a reassessment, or an assessment resulting from an addition to or correction of the assessment roll by the district, penalties and interest on an assessment or reassessment, an expense of collection, and reasonable attorney’s fees incurred by the district:
(1) are a first and prior lien against the facility assessed;
(2) are superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes; and
(3) are the personal liability of and a charge against the owners of the facility even if the owners are not named in the assessment proceedings.
Terms Used In Texas Water Code 68.313
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(c) The lien is effective from the date of the board’s resolution imposing the assessment until the date the assessment is paid. The board may enforce the lien in the same manner that the board may enforce an ad valorem tax lien against real property.
(d) This section applies to a property interest that is a facility listed in Section 68.051(b), including:
(1) an improvement or fixture; and
(2) an owned or leased property interest.