CHAPTER 282. MUNICIPAL AUTHORITY OVER PUBLIC GROUNDS - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 9. PUBLIC BUILDINGS AND GROUNDS

SUBTITLE A. MUNICIPAL PUBLIC BUILDINGS AND GROUNDS

CHAPTER 282. MUNICIPAL AUTHORITY OVER PUBLIC GROUNDS

Sec. 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, Sec. 11, eff. Sept. 1,

1995.

Sec. 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, Sec. 11, eff. Sept. 1,

1995.

Sec. 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, Sec. 11, eff. Sept. 1,

1995.