CHAPTER 311. GENERAL PROVISIONS RELATING TO MUNICIPAL STREETS
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE E. MUNICIPAL STREETS
CHAPTER 311. GENERAL PROVISIONS RELATING TO MUNICIPAL STREETS
SUBCHAPTER A. GENERAL AUTHORITY
Sec. 311.001. GENERAL AUTHORITY OF HOME-RULE MUNICIPALITY. (a)
A home-rule municipality has exclusive control over and under the
public highways, streets, and alleys of the municipality.
(b) The municipality may:
(1) control, regulate, or remove an encroachment or obstruction
on a public street or alley of the municipality;
(2) open or change a public street or alley of the municipality;
or
(3) improve a public highway, street, or alley of the
municipality.
(c) Notwithstanding Subsection (a) or (b) or Section 311.007,
before a municipality with a population of 1.9 million or more
may install traffic calming measures within the municipality, the
governing body of the municipality must:
(1) publish standards and criteria, which must include
sufficient notice to allow the governing body to receive and
consider public comments from residents within one-half mile of
the proposed traffic calming measure;
(2) on request of affected residents, schedule and hold a public
meeting before implementation of the measure; and
(3) if the measure involves the closure of a street to motor
vehicular traffic, before the closure:
(A) hold a public hearing on the issue of the closure; and
(B) approve the closure by a majority vote.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1321, Sec. 1, eff. June 19, 2009.
Sec. 311.002. GENERAL AUTHORITY OF GENERAL-LAW MUNICIPALITY.
(a) A general-law municipality has exclusive control over the
highways, streets, and alleys of the municipality.
(b) The municipality may:
(1) abate or remove an encroachment or obstruction on a highway,
street, or alley;
(2) open, change, regulate, or improve a street; or
(3) put a drain or sewer in a street, prevent the obstruction of
the drain or sewer, or protect the drain or sewer from
encroachment or damage.
(c) To carry out its powers under this section, the municipality
may:
(1) regulate or change the grade of land; and
(2) require that the grade of land be raised by filling an area.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 311.003. ADDITIONAL AUTHORITY OF TYPE A GENERAL-LAW
MUNICIPALITY. The governing body of a Type A general-law
municipality may:
(1) prevent an encroachment or obstruction on a sidewalk in the
municipality;
(2) abate an encroachment or obstruction on a bridge, culvert,
sidewalk, or crossway in the municipality;
(3) construct, regulate, or maintain a bridge, culvert,
sidewalk, or crossway in the municipality;
(4) regulate the construction of a bridge, culvert, sewer,
sidewalk, or crossway in the municipality;
(5) require a person to keep weeds, unclean matter, or trash
from the street, sidewalk, or gutter in front of the person's
premises; or
(6) require the owner of land to improve the sidewalk in front
of the person's land.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 311.004. AUTHORITY OVER SIDEWALK IN HOME-RULE MUNICIPALITY.
A home-rule municipality may:
(1) construct a sidewalk;
(2) provide for the improvement of a sidewalk or the
construction of a curb under an ordinance enforced by a penal
provision; or
(3) declare a defective sidewalk to be a public nuisance.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 311.005. MOVEMENT OF STRUCTURE ON STREET IN HOME-RULE
MUNICIPALITY. A home-rule municipality may regulate the movement
of a structure over or on a street of the municipality.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 311.006. AUTHORITY OF COUNTY TO IMPROVE STREET IN TYPE B
GENERAL-LAW MUNICIPALITY. To facilitate travel on a street in a
Type B general-law municipality, the commissioners court of a
county may construct a bridge for or otherwise improve the street
if:
(1) the street is a continuation of a public road of the county;
and
(2) the governing body of the municipality consents.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 311.007. CLOSING OF STREET OR ALLEY BY HOME-RULE
MUNICIPALITY. A home-rule municipality may vacate, abandon, or
close a street or alley.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 311.008. CLOSING OF STREET OR ALLEY BY GENERAL-LAW
MUNICIPALITY. The governing body of a general-law municipality
by ordinance may vacate, abandon, or close a street or alley of
the municipality if a petition signed by all the owners of real
property abutting the street or alley is submitted to the
governing body.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER B. MUNICIPAL FREEWAYS
Sec. 311.031. DEFINITION. In this subchapter, "freeway" means a
municipal street for which the right of access to or from
adjoining land has been acquired in whole or in part from the
owners of the adjoining land by the governing body of a
municipality.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 311.032. ESTABLISHMENT OF FREEWAY. (a) The governing body
of a municipality may establish, maintain, and operate a freeway.
(b) To establish a freeway by using a street that exists at the
time of the establishment, the municipality must have the consent
of the owners of lands abutting the freeway or must purchase or
condemn the right of access to the abutting lands. This
subsection does not require consent to establish a freeway for
the first time as a new way for vehicular and pedestrian traffic.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 311.033. ACQUISITION OF LAND. For the purposes of this
subchapter, the governing body may acquire necessary property or
property rights by gift, devise, purchase, or condemnation in the
same manner that the governing body may acquire property for a
municipal street.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 311.034. CONTROL OF INTERSECTING STREET. The governing
body of a municipality may:
(1) close a street in the municipality at or near the place the
street intersects a freeway;
(2) provide for the construction of a street over or under a
freeway;
(3) connect a street with a freeway; or
(4) perform other actions on a street as necessary to carry out
a power granted by this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 311.035. LEASE OF LAND UNDER FREEWAY. (a) A governmental
agency that holds the title and property rights to land on which
a freeway is located may lease for parking purposes the part of
the land beneath an elevated section of the freeway.
(b) Revenue from the parking lease shall be used only for
general governmental purposes.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER C. AUTHORITY RELATING TO RAIL TRANSPORTATION
Sec. 311.051. REGULATION OF STREET RAILWAY BY TYPE A GENERAL-LAW
MUNICIPALITY. (a) The governing body of a Type A general-law
municipality may:
(1) require a street railway company to:
(A) keep the company's roads in repair;
(B) conform the area in which the company's tracks lie to the
grade of the street on which they lie, if the municipality has
graded the street; or
(C) take measures to provide for the safe and convenient travel
of people on the street on which the company's tracks lie; or
(2) regulate the speed of vehicles that use the company's
tracks.
(b) The governing body by ordinance may establish penalties to
enforce a regulation adopted under this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 311.052. REGULATION OF RAILROAD BY TYPE A GENERAL-LAW
MUNICIPALITY. The governing body of a Type A general-law
municipality may:
(1) direct and control the location and construction of railroad
tracks, turnouts, and switches and prohibit the construction of
those facilities in a street or alley, unless that action has
been authorized by law;
(2) require that railroad tracks, turnouts, and switches be
constructed in a way that interferes as little as possible with
the ordinary use of a street or alley and that leaves sufficient
space on each side of the tracks for the safe and convenient
passage of vehicles and people;
(3) require a railroad company to keep in repair the street or
alley on which their tracks are located;
(4) order a railroad company to construct and keep in repair a
crossing at the place where the company's tracks intersect a
street or alley;
(5) require a railroad company to construct and keep in repair a
ditch, sewer, or culvert;
(6) direct or prohibit the use of or regulate the speed of a
locomotive in the municipality; or
(7) direct and control the location of railroad depots in the
municipality.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 311.053. CLOSING STREET FOR CERTAIN PURPOSES IN GENERAL-LAW
OR SPECIAL-LAW MUNICIPALITY. The governing body of a general-law
municipality or special-law municipality may close temporarily or
permanently any part of a street or alley for the exclusive use
by a railroad company or other corporation having the right of
eminent domain or may ratify an ordinance closing a street or
alley for that purpose if:
(1) the municipality operates under a municipal charter that
authorizes the governing body to take that action; or
(2) a majority of the qualified voters of the municipality
voting at an election on the question approve the grant of
authority to the governing body.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 311.054. RAILROAD QUIET ZONE LOCATED OUTSIDE TYPE A
GENERAL-LAW MUNICIPALITY. (a) This section applies only to a
Type A general-law municipality that is an enclave surrounded
entirely by a municipality with a population of 1.1 million or
more.
(b) The governing body of the general-law municipality may enter
into an interlocal contract with the surrounding municipality for
the establishment of a railroad quiet zone located outside the
boundaries of the general-law municipality that the governing
body determines will benefit the general-law municipality.
(c) A general-law municipality may expend municipal funds and
may issue certificates of obligation or bonds to pay for expenses
associated with a railroad quiet zone under Subsection (b),
including expenses related to feasibility, engineering, and
traffic studies and improvements related to the railroad quiet
zone.
Added by Acts 2009, 81st Leg., R.S., Ch.
203, Sec. 1, eff. May 27, 2009.
SUBCHAPTER D. FRANCHISE TO USE STREETS IN HOME-RULE MUNICIPALITY
Sec. 311.071. AUTHORITY TO GRANT FRANCHISE. (a) The governing
body of a home-rule municipality by ordinance may grant to a
person a franchise to use or occupy a public street or alley of
the municipality.
(b) The authority to grant a franchise is the exclusive
authority of the governing body.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 311.072. PROHIBITION OF GRANT BY CHARTER. The charter of
the municipality may not grant to a person a franchise described
by Section 311.071.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 311.073. ELECTION AFTER PETITION. (a) The governing body
shall submit to the voters of the municipality the question of
granting a franchise to a person if, before the effective date of
the ordinance granting the franchise, the governing body receives
a petition that requests the election and is signed by 10 percent
of the registered voters of the municipality.
(b) In a municipality with a population of more than 1.9
million, the number of registered voters who must sign the
petition may be set at a lower number by the municipal charter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 669, Sec. 133, eff. Sept. 1,
2001.
Sec. 311.074. ELECTION DATE. After receipt of a petition under
Section 311.073, the election shall be held on the first uniform
election date prescribed by Section 41.001, Election Code, that
allows sufficient time to comply with other requirements of law.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 311.075. ELECTION NOTICE. (a) Notice of the election must
be published in a daily newspaper in the municipality for at
least 20 successive days before the date of the election.
(b) This notice requirement supersedes the notice requirements
prescribed by Section 4.003, Election Code, except as provided by
that section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 311.076. BALLOT PROPOSITION. The ballot at the election
shall be printed to provide for voting for or against the
proposition: "Granting of a franchise (brief description of the
franchise and its terms)."
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 311.077. EFFECTIVE DATE OF FRANCHISE. If a majority of the
votes cast at the election favor the proposition:
(1) the governing body shall declare that result on canvassing
the election returns; and
(2) the franchise takes effect according to its terms.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 311.078. DURATION OF FRANCHISE. A franchise under this
subchapter may not extend beyond the period set for its
termination.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER E. FINANCING IMPROVEMENTS
Sec. 311.091. ASSESSMENT FOR STREET IMPROVEMENT IN HOME-RULE
MUNICIPALITY. (a) A home-rule municipality may assess a
landowner for the cost of improving a public highway, street, or
alley abutting the owner's land, if the municipal charter
provides for apportioning the cost between the municipality and
the landowner. The assessment may not exceed the amount by which
the improvement specially benefits the owner's abutting land by
enhancing the land's value.
(b) The municipality may issue assignable certificates for the
payment of the assessed cost.
(c) The assessment creates a lien on the owner's abutting land
for the assessed cost.
(d) Regardless of Subsection (a), a railway company shall pay
the cost of a street improvement made between the rails or tracks
of the company or made in the area extending two feet from a rail
or track of the company.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 311.092. ASSESSMENT FOR OPENING, EXTENDING, OR WIDENING OF
STREET OR ALLEY IN HOME-RULE MUNICIPALITY. (a) A home-rule
municipality may:
(1) acquire land necessary for opening, extending, or widening a
public street or alley by the exercise of the right of eminent
domain under Section 251.001, Local Government Code; and
(2) assess the owners of land located in the territory of the
improvement and specially benefitted by the improvement for the
cost of the improvement.
(b) The special commissioners appointed under Chapter 21,
Property Code, as part of the eminent domain proceeding shall
apportion the cost of the improvement between the municipality
and the landowners. The municipality's share of the cost may not
exceed one-third of the cost. The municipality shall pay its
share of the cost, and the landowners shall pay the balance.
(c) The special commissioners shall determine the land that is
located in the territory of the improvement and is specially
benefitted in enhanced value.
(d) The assessment creates a lien on the owner's land for the
assessed cost.
(e) The municipality may issue assignable certificates for the
payment of the assessed cost and may provide for the payment of
the cost in deferred payments, which bear interest at a rate
determined by the municipal charter but not to exceed eight
percent.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 311.093. ASSESSMENT FOR SIDEWALK IN HOME-RULE MUNICIPALITY.
(a) A home-rule municipality may assess a landowner for the
entire cost of constructing a sidewalk, including a curb,
abutting the owner's land.
(b) The assessment creates a lien on the owner's abutting land
for the assessed cost.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 311.094. OTHER FINANCING METHODS IN CHARTER OF HOME-RULE
MUNICIPALITY. (a) A home-rule municipality by charter may adopt
any other method of financing an improvement described by Section
311.091, 311.092, or 311.093.
(b) Another method adopted by charter for financing an
improvement described by Section 311.092 must:
(1) charge the cost of the improvement to the property and to
the owner of the property specially benefitted in enhanced value
by the improvement and located in the territory in which the
improvement is made; and
(2) describe the manner of:
(A) appointing commissioners;
(B) giving notice; and
(C) fixing assessments or otherwise providing for the payment of
the improvement.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 311.095. ASSESSMENT FOR STREET IMPROVEMENT IN TYPE A
GENERAL-LAW MUNICIPALITY. (a) The governing body of a Type A
general-law municipality, by a two-thirds vote of the aldermen
present, may improve a street or alley under this section.
(b) The governing body shall assess the land abutting the street
or alley improved under this section for two-thirds of the cost
of the improvement. The municipality shall pay the other
one-third of the cost. The municipality shall pay the entire cost
of an improvement at the intersection of streets.
(c) The landowner shall pay the assessment in not fewer than
five equal annual payments. A collected assessment shall be
appropriated for the payment of the bonds issued to finance the
cost of the improvement.
(d) After the governing body determines to make an improvement,
the governing body shall require the municipal engineer, another
municipal officer, or a committee of three aldermen to prepare a
report. The report must:
(1) contain an estimate of the cost of the improvement;
(2) list each lot or part of a lot abutting the street or alley
to be improved and list the number and size of the lot, the
number of the block in which the lot is located, the owner of the
lot or a statement that the owner is unknown, and other
information required by the governing body; and
(3) state, opposite a lot's listing, one-third the estimated
cost of the improvement of the street or alley abutting the lot.
(e) On the acceptance and approval of the report, the governing
body shall impose the assessment as taxes. After the assessment
is imposed, the individual or committee that prepared the report
shall give, as may be required by ordinance, notice of the time
in which the payment of the assessment is due and shall begin to
collect the payment.
(f) The assessment is a lien on the land until it is paid. After
an assessment on the land becomes delinquent, the individual or
committee that prepared the report on the assessments may seize
any part of the land that is sufficient to pay the assessment.
The individual or committee shall sell the seized land if the
assessment is not paid before the day of the sale. The
municipality shall give the same notice of the sale that is
required to be given in other sales to collect delinquent taxes.
The sale is subject to the same ordinance provisions that govern
the name, circumstances, and conditions under which a sale of
land may be made and the extent to which a sale may be made to
collect delinquent taxes owed the municipality. The individual or
committee shall execute a deed to the purchaser at the sale. The
deed used in the sale is subject to another statute that governs
a deed prepared by an assessor or collector of taxes for a
general-law municipality.
(g) The governing body may initiate a suit in the municipality's
corporate name to recover from a landowner an assessment.
(h) The governing body may adopt resolutions, ordinances, or
regulations necessary to carry out the authority granted by this
section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 311.096. COST OF SIDEWALK IN TYPE A GENERAL-LAW
MUNICIPALITY. (a) The governing body of a Type A general-law
municipality may require the owner of a lot, or part of a lot or
block, in front of which the municipality constructs a sidewalk
to pay the cost of the construction.
(b) If necessary to collect the cost of the construction, the
municipality shall sell the lot, or the part of the lot or block,
in the manner the governing body of the municipality by ordinance
provides. The municipality may keep an amount of the sale
proceeds that covers the cost of the construction and the cost of
collection. The municipality shall pay to the owner the balance
of the sale proceeds.
(c) The sale of the lot, or the part of the lot or block, under
this section conveys a good title to the purchaser.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
Sec. 311.901. REGULATION OF ANIMALS ON STREET OF TYPE A
GENERAL-LAW MUNICIPALITY. The governing body of a Type A
general-law municipality may:
(1) prohibit or suppress horse racing on a street or immoderate
riding or driving of an animal on a street; or
(2) require a person to fasten in place the person's horse or
other animal remaining in a street.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 311.902. STREET LIGHTING IN TYPE A GENERAL-LAW
MUNICIPALITY. The governing body of a Type A general-law
municipality may:
(1) provide for and regulate the lighting of a street;
(2) create or change lamp districts; or
(3) exclusively regulate or direct the laying or repairing of
gas pipes and gas fixtures in a street, alley, sidewalk, or other
place.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 311.903. STREET WORK REQUIRED OF INHABITANT IN TYPE B
GENERAL-LAW MUNICIPALITY. (a) The governing body of a Type B
general-law municipality may require the male inhabitants of the
municipality who are at least 18 years of age but younger than 46
years of age to work on the streets and public alleys. The period
of work may not exceed five days in a year.
(b) Instead of performing the work, a person may furnish a
substitute to perform the work or may pay a sum not to exceed $1
for each day of work demanded so that a substitute may be
employed.
(c) The requirement does not apply to a minister of the gospel
actually engaged in the discharge of the minister's duties.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 311.904. FORMER PRESIDENT'S STREET IN HOME-RULE
MUNICIPALITY. A home-rule municipality, alone or in conjunction
with another person, may regulate or restrict access to a street
or alley in the municipality on which the dwelling of a former
president of the United States is located. This authority
includes the authority to install and maintain a fence, gate, or
other structure.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.