2005 Texas Transportation Code CHAPTER 316. USE OF MUNICIPAL STREETS AND SIDEWALKS FOR PUBLIC CONVENIENCES AND AMENITIES OR FOR PRIVATE USES

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.