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Texas Local Government Code - LOC GOV'T § 212.304. Notice of Hearing

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) The municipality shall:

(1) provide notice of the hearing to each record owner of the applicable parcel of land, each person who paid the ad valorem taxes imposed on the parcel of land during the 15 most recent tax years, and each holder of a recorded lien against the applicable parcel of land by:

(A) personal delivery;

(B) certified mail with return receipt requested to the last known address of each owner, each person who paid the ad valorem taxes imposed on the parcel of land during the 15 most recent tax years, and each lienholder;  or

(C) delivery to the last known address of each owner, each person who paid the ad valorem taxes imposed on the parcel of land during the 15 most recent tax years, and each lienholder by the United States Postal Service using signature confirmation services;

(2) publish notice of the hearing in a newspaper of general circulation in the municipality and on the municipality's Internet website on or before the 10th day before the date of the hearing; and

(3) file in the property records of the county in which the parcel of land is located notice of the hearing that contains:

(A) the name and last known address of the owner of the applicable parcel of land;  and

(B) a description of the administrative determination proceeding, including notice that the administrative determination may result in the extinguishment of any and all rights and legal interests in the parcel of land.

(b) Notice under Subsection (a)(1) must be provided to each owner, each person who paid the ad valorem taxes imposed on the parcel of land during the 15 most recent tax years, and each lienholder for whom an address can be reasonably ascertained from the deed of trust or other applicable instrument on file in the office of the county clerk for the county in which the parcel of land is located, in the records of the county tax office for the county in which the parcel of land is located, or in the records of the office of the central appraisal district for the county in which the parcel of land is located.  The filed notice under Subsection (a)(3) must contain the name and address of each owner to the extent that that information can be reasonably ascertained from the deed of trust or other applicable instrument on file in the office of the county clerk, in the records of the county tax office, or in the records of the office of the central appraisal district for the county.

(c) The filing of notice under Subsection (a)(3):

(1) is binding on subsequent grantees, lienholders, or other transferees of an interest in the parcel of land who acquire that interest after the filing of the notice;  and

(2) constitutes notice of the proceeding on any subsequent recipient of any interest in the parcel of land who acquires that interest after the filing of the notice.

(d) An owner or lienholder is presumed to have received actual and constructive notice of the hearing if the municipality complies with this section, regardless of whether the municipality receives a response from the person.

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Cite this article: FindLaw.com - Texas Local Government Code - LOC GOV'T § 212.304. Notice of Hearing - last updated January 01, 2024 | https://codes.findlaw.com/tx/local-government-code/loc-gov-t-sect-212-304/

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