2024 Texas Statutes
Local Government Code
Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities
Subtitle B - County Regulatory Authority
Chapter 232 - County Regulation of Subdivisions
Subchapter F. Abandoned, Unoccupied, and Undeveloped
Section 232.154. Notice of Hearing
Sec. 232.154. NOTICE OF HEARING. (a) The county shall:
(1) provide notice of the hearing to each record owner of the applicable lot and to each holder of a recorded lien against the applicable lot by:
(A) personal delivery;
(B) certified mail with return receipt requested to the last known address of each owner and lienholder; or
(C) delivery to the last known address of each owner or 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 county on or before the 10th day before the date of the hearing and on the county's Internet website; and
(3) file in the property records of the county notice of the hearing that contains:
(A) the name and last known address of the owner of the applicable lot; 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 lot.
(b) Notice under Subsection (a)(1) must be provided to each owner and 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 or in the records of the office of the central appraisal district for the county. 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 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 platted lot 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 platted lot 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 commissioners court complies with this section, regardless of whether the commissioners court receives a response from the person.
Added by Acts 2021, 87th Leg., R.S., Ch. 1010 (H.B. 1564), Sec. 2, eff. September 1, 2021.
