2005 Texas Local Government Code CHAPTER 282. MUNICIPAL AUTHORITY OVER PUBLIC GROUNDS

LOCAL GOVERNMENT CODE

CHAPTER 282. MUNICIPAL AUTHORITY OVER PUBLIC GROUNDS


	§ 282.001. GENERAL AUTHORITY OF HOME-RULE 
MUNICIPALITY.  (a) A home-rule municipality has exclusive control 
over and under the public grounds of the municipality.
	(b)  The municipality may control, regulate, or remove an 
encroachment or obstruction on the public grounds of the 
municipality.

Added by Acts 1995, 74th Leg., ch. 165, § 11, eff. Sept. 1, 1995.          


	§ 282.002. GENERAL AUTHORITY OF GENERAL-LAW 
MUNICIPALITY.  (a) A general-law municipality has exclusive 
control over the public grounds of the municipality.
	(b)  The municipality may abate or remove an encroachment or 
obstruction on the public grounds of the municipality.

Added by Acts 1995, 74th Leg., ch. 165, § 11, eff. Sept. 1, 1995.          


	§ 282.003. AUTHORITY OF HOME-RULE MUNICIPALITY 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 the 
public grounds of the municipality.
	(b)  The authority to grant a franchise to use or occupy the 
public grounds is the exclusive authority of the governing body, 
and the charter of the municipality may not grant the franchise.
	(c)  A franchise under this section:                                           
		(1)  is subject to the same petition and election 
provisions that apply to a franchise under Subchapter D, Chapter 
311, Transportation Code;  and
		(2)  may not extend beyond the period set for its 
termination.              

Added by Acts 1995, 74th Leg., ch. 165, § 11, eff. Sept. 1, 1995.