State Codes and Statutes

Statutes > Texas > Transportation-code > Title-6-roadways > Chapter-316-use-of-municipal-streets-and-sidewalks-for-public-conveniences-and-amenities-or-for-priv

TRANSPORTATION CODE

TITLE 6. ROADWAYS

SUBTITLE E. MUNICIPAL STREETS

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

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER B. USE OF STREETS AND SIDEWALKS FOR PRIVATE PURPOSE

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

State Codes and Statutes

Statutes > Texas > Transportation-code > Title-6-roadways > Chapter-316-use-of-municipal-streets-and-sidewalks-for-public-conveniences-and-amenities-or-for-priv

TRANSPORTATION CODE

TITLE 6. ROADWAYS

SUBTITLE E. MUNICIPAL STREETS

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

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER B. USE OF STREETS AND SIDEWALKS FOR PRIVATE PURPOSE

Sec. 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, Sec. 1, eff. Sept. 1, 1995.


State Codes and Statutes


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State Codes and Statutes

Statutes > Texas > Transportation-code > Title-6-roadways > Chapter-316-use-of-municipal-streets-and-sidewalks-for-public-conveniences-and-amenities-or-for-priv

TRANSPORTATION CODE

TITLE 6. ROADWAYS

SUBTITLE E. MUNICIPAL STREETS

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

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER B. USE OF STREETS AND SIDEWALKS FOR PRIVATE PURPOSE

Sec. 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, Sec. 1, eff. Sept. 1, 1995.


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