CHAPTER 316. USE OF MUNICIPAL STREETS AND SIDEWALKS FOR PUBLIC CONVENIENCES AND AMENITIES OR FOR PRIVATE USES
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.