TRANSPORTATION CODE
CHAPTER 316. USE OF MUNICIPAL STREETS AND SIDEWALKS FOR PUBLIC
CONVENIENCES AND AMENITIES OR FOR PRIVATE USES
SUBCHAPTER A. USE OF MUNICIPAL STREETS AND SIDEWALKS FOR PUBLIC
CONVENIENCES AND AMENITIES
§ 316.001. DEFINITIONS. In this subchapter:
(1) "Municipal street" means the entire width of a way
held by a municipality in fee or by easement or dedication that has
a part open for public use for vehicular travel. The term does not
include a designated state or federal highway or road or a
designated county road.
(2) "Roadway" means the portion of a municipal street
that is improved, designed, or ordinarily used for vehicular
travel. The term does not include a curb, berm, or shoulder.
(3) "Sidewalk" means the portion of a municipal street
between the curb lines or lateral lines of a roadway and the
adjacent property lines that is improved and designed for or is
ordinarily used for pedestrian travel.
(4) "Sidewalk cafe" means an outdoor dining area that
is located on a sidewalk and that contains removable tables,
chairs, planters, or related appurtenances.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 316.002. PERMITTED IMPROVEMENTS OR FACILITIES ON
MUNICIPAL STREET. (a) The governing body of a municipality may
permit a person described by Subsection (b) to use property in the
municipality on which a municipal street is located for the
establishment or maintenance of:
(1) trees or decorative landscaping, including
landscaping lighting, watering systems, or other accessories for
the maintenance of the trees or landscaping;
(2) a sidewalk cafe that is:
(A) contiguous to a restaurant in which food
preparation, sanitation, and related services for the cafe are
performed; and
(B) open to the air, except for any canopy, and
not enclosed by fixed walls;
(3) an ornamental gate, column, or other ornamental
work denoting the entrance to a neighborhood or platted and
recorded subdivision;
(4) a supportive or decorative column, arch, or other
structural or decorative feature of a building that is:
(A) of historical value or of unusual
architectural design, character, or significance; and
(B) 50 or more years old at the time of
application for a permit for the establishment or maintenance of
the feature; or
(5) an amenity for the convenience of the public in the
use of the municipal streets for pedestrian or vehicular travel,
including a transit bus shelter, drinking fountain, or bench.
(b) The governing body may grant permission under
Subsection (a) only to:
(1) a person who owns the underlying fee title to the
real property; or
(2) an entity that holds a lease of the property from
or has written permission to use the property from a person who owns
the underlying fee title to the real property.
(c) An ornamental work described by Subsection (a)(3) may
display the name of the neighborhood or subdivision, but may not
contain commercial advertising or other signs.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 316.003. FINDING REQUIRED. An improvement or
facility described by Section 316.002(a) may not be established
unless the governing body of the municipality, or a municipal
official who is designated by ordinance to make the finding, finds
that:
(1) the improvement or facility will not be located
on, extend onto, or intrude on:
(A) the roadway; or
(B) a part of the sidewalk needed for pedestrian
use;
(2) the improvement or facility will not create a
hazardous condition or obstruction of vehicular or pedestrian
travel on the municipal street; and
(3) the design and location of the improvement or
facility includes all reasonable planning to minimize potential
injury or interference to the public in the use of the municipal
street.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 316.004. PERMIT PROGRAM. (a) A municipality by
ordinance may establish a permit program under this subchapter.
(b) The governing body of the municipality shall include in
the ordinance:
(1) provisions the governing body determines are
necessary or desirable to protect, at the site of an applicant's
proposed facility, the public, utility companies, and any person
who has the right to use the municipal street;
(2) provisions that require:
(A) clearances between the facility or
improvement and utility lines that comply with clearances from
structures to utility lines required by a nationally recognized
building code;
(B) a permit holder to provide a cash or surety
bond in an amount approved by the municipality sufficient to cover
the costs for the municipality or a public utility to remove the
permit holder's facilities or improvements; and
(C) a permit holder to pay the costs to relocate a
municipal or public utility facility or improvement in a municipal
street associated with the installation of a facility or
improvement of the permit holder; and
(3) a provision authorizing the municipality or a
utility company or other person authorized by the municipality to
remove, without liability, any part of a facility for which a permit
has been issued if there is a lawful need for the site or for access
to the site.
(c) The governing body may include in the ordinance:
(1) construction, maintenance, operation, and
inspection requirements;
(2) public liability insurance requirements;
(3) a requirement that the applicant or permit holder
pay for traffic and safety studies;
(4) provisions for conducting a public hearing on the
issuance, renewal, or revocation of a permit, with notice and
reporting expenses of the hearing to be paid by the applicant or
permit holder;
(5) a requirement for indemnity agreements by abutting
fee title land owners in the form of covenants that run with the
title to the abutting land; or
(6) a provision that authorizes the governing body, at
its discretion, to terminate the permit without notice to the
permit holder.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 316.005. RENEWAL OF PRIOR PERMIT. The renewal of a
permit issued before April 30, 1985, for an improvement or facility
described by Section 316.002(a) must be renewed in the same manner
as a permit issued under this subchapter.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 316.006. USE OF MUNICIPAL MONEY OR EMPLOYEE FOR
PERMITTED FACILITY. A municipality may use or permit the use of
municipal money or an employee with respect to a facility operated
under a permit issued under this subchapter only for inspections or
removal.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 316.007. IMPROVEMENT OR FACILITY ESTABLISHED OR
MAINTAINED BY MUNICIPALITY. (a) A municipality may establish or
maintain, with municipal money, material, equipment, or personnel,
an improvement or facility described by Section 316.002(a)(1) or
(5) without a permit, regardless of whether the municipality
establishes a permit program under this chapter.
(b) A municipality must make the finding required by Section
316.003 regarding an improvement or facility the municipality
proposes to place on a municipal street.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 316.008. PUBLIC AND GOVERNMENTAL ACTIONS AND FUNCTIONS
OF MUNICIPALITY. The following actions of a municipality are
public and governmental actions and functions, are exercised for a
public purpose, and are matters of public necessity:
(1) granting a permit authorized by this subchapter;
(2) permitting the use of a municipal street for a
purpose authorized by Section 316.002 under a permit authorized by
this subchapter; and
(3) establishing or maintaining, with municipal
money, material, equipment, or personnel, an improvement or
facility described by Section 316.002(a)(1) or (5).
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 316.009. RIGHT OF ABATEMENT. This chapter does not
impair the right of a municipality or other person to abate an
unlawful obstruction or use of a municipal street.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 316.010. POLITICAL SUBDIVISION NOT REQUIRED TO OBTAIN
PERMIT. This chapter does not require a political subdivision of
this state to obtain a permit to establish or maintain an
improvement or facility authorized by other law.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER B. USE OF STREETS AND SIDEWALKS FOR PRIVATE PURPOSE
§ 316.021. MUNICIPAL PERMISSION TO USE STREET OR
SIDEWALK FOR PRIVATE PURPOSE. A municipality may permit and
prescribe the consideration and terms for the use of a portion of a
municipal street or sidewalk for a private purpose if the use does
not:
(1) interfere with the public use of the street or
sidewalk; or
(2) create a dangerous condition on the street or
sidewalk.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
