reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter B. Road Improvements and Assessments by Live Oak County Commissioners Court › Section 286.041. Applicability

Sec. 286.041.  APPLICABILITY.  This subchapter applies only to Live Oak County.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter B. Road Improvements and Assessments by Live Oak County Commissioners Court › Section 286.042. Assessment Provisions

Sec. 286.042.  ASSESSMENT PROVISIONS.  (a)  The commissioners court of the county may finance all or part of the cost of improving a portion of the county road system located in a recorded subdivision and outside the limits of a municipality by imposing an assessment against real property that abuts the portion of the road that is to be improved and against the owners of the property.
(b)  The commissioners court may:
(1)  determine the terms of payment and default of the assessment;
(2)  determine the rate of interest of the assessment, not to exceed 10 percent a year;
(3)  make an assessment against several parcels of property in one assessment when the parcels are owned by the same person;  and
(4)  jointly assess property owned jointly.
(c)  An assessment authorized by this section does not mature before the commissioners court accepts the improvement for which the assessment is made.
(d)  An owner of an interest in property against which the commissioners court makes an assessment under this section is personally liable for the assessed amount.  Each owner of property owned jointly is jointly and severally liable for the assessment.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter B. Road Improvements and Assessments by Live Oak County Commissioners Court › Section 286.043. Assessment Lien

Sec. 286.043.  ASSESSMENT LIEN.  (a)  The county has a lien on assessed property under this subchapter that takes effect on the date the assessment is made.
(b)  The lien has the same priority as a lien for county ad valorem taxes.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter B. Road Improvements and Assessments by Live Oak County Commissioners Court › Section 286.044. Assessment Liens on Certain Exempt Property

Sec. 286.044.  ASSESSMENT LIENS ON CERTAIN EXEMPT PROPERTY.  (a)  The county may not assess a lien against property that on the date the commissioners court orders the assessment is exempt by law from execution on a judgment for debt.
(b)  A property owner may waive an exemption to which the owner is entitled and voluntarily grant an assessment lien against the property in the same manner provided by law for granting a mechanic's lien for a homestead improvement.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter B. Road Improvements and Assessments by Live Oak County Commissioners Court › Section 286.045. Apportionment of Costs

Sec. 286.045.  APPORTIONMENT OF COSTS.  (a)  The commissioners court shall apportion the assessed cost of improving a county road in accordance with the front foot rule which may vary among the assessed properties.
(b)  To produce a substantial equality of burdens imposed in relation to benefits received, the commissioners court shall determine an assessment under this section in a just and equitable manner, keeping in mind the enhanced value to be gained by the abutting property and the property's owners because of the improvement.
(c)  The commissioners court may not impose an assessment in excess of the enhanced value derived from the improvement by the property or the property owner.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter B. Road Improvements and Assessments by Live Oak County Commissioners Court › Section 286.046. Plan of Proposed Road Improvement

Sec. 286.046.  PLAN OF PROPOSED ROAD IMPROVEMENT.  (a)  The commissioners court shall prepare a plan of each proposed improvement that is to be financed by an assessment under Section 286.042.
(b)  The plan must:
(1)  specify the nature and location of the improvement;
(2)  include an estimate of the total cost of the improvement;
(3)  state the total amount of the costs to be financed by the assessment;  and
(4)  include an estimate of the cost for each front foot to be assessed against the property abutting the road to be improved.
(c)  The plan must specify each variation if the estimate of the cost for each front foot is not uniform.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter B. Road Improvements and Assessments by Live Oak County Commissioners Court › Section 286.047. Notice and Order for Hearing

Sec. 286.047.  NOTICE AND ORDER FOR HEARING.  (a)  After preparing the plan required by Section 286.046, the commissioners court by order shall set a time, date, and place for a public hearing on the proposed improvement.
(b)  The commissioners court shall publish notice of the hearing once a week for at least three consecutive weeks in a newspaper of general circulation in the area where the improvement is located.  The first publication of the notice must appear not later than the 21st day before the date of the hearing.
(c)  The commissioners court shall mail or personally deliver written notice of the hearing to the owner of each parcel of property subject to the proposed assessment.  The commissioners court shall deliver or mail the notice not later than the 14th day before the date of the hearing.  An owner is not entitled to notice under this subsection if the owner's name or address is not shown on the county tax roll.
(d)  Notice provided under this section must contain:
(1)  a general description of the proposed improvement that is to be financed by the assessment;
(2)  an estimate of the proposed assessment for each front foot of abutting property;
(3)  an estimate of the total cost of the proposed improvement to be made on each portion of road;
(4)  the location of the proposed improvement;  and
(5)  the date, time, and place of the hearing.
(e)  If the estimate of the proposed assessment for each front foot of abutting property is not uniform, the notice must specify each variation and identify the affected property.
(f)  Notice required by this section is in addition to notice otherwise required by law.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter B. Road Improvements and Assessments by Live Oak County Commissioners Court › Section 286.048. Hearing

Sec. 286.048.  HEARING.  (a)  The commissioners court shall hold a public hearing at which an owner of an interest in property that abuts a proposed improvement may contest:
(1)  the amount of the assessment;  or
(2)  the accuracy, sufficiency, or validity of a proceeding or determination of the commissioners court related to the improvement or assessment.
(b)  After correcting a deficiency or error in its proceeding or determinations, the commissioners court by order may make an assessment against property that abuts the improvement.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter B. Road Improvements and Assessments by Live Oak County Commissioners Court › Section 286.049. Appeal

Sec. 286.049.  APPEAL.  (a)  Not later than the 15th day after the date the commissioners court makes an assessment under this subchapter, the owner of an interest in property against which the assessment has been made may file suit in district court to contest the:
(1)  amount of the assessment;  or
(2)  accuracy or validity of a proceeding or determination related to the assessment or improvement.
(b)  A property owner may file suit under this section not later than the 15th day after the date the property owner receives actual notice of the results of the public hearing if the owner shows by a preponderance of the evidence that notice of the hearing was not:
(1)  mailed or delivered to the owner in the form or manner required by Section 286.047;  or
(2)  published in the form or manner required by Section 286.047.
(c)  A person who does not file suit within the time stated in this section waives a complaint because of a determination or proceeding of the commissioners court related to an order for an improvement or an assessment.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter B. Road Improvements and Assessments by Live Oak County Commissioners Court › Section 286.050. Enforcement of Assessment or Liability

Sec. 286.050.  ENFORCEMENT OF ASSESSMENT OR LIABILITY.  (a)  A lien against assessed property and the personal liability of the owner may be enforced by suit in district court.  An amount equal to the interest on the assessment and an amount equal to collection expenses, including attorney's fees, are included in the lien and may be recovered.
(b)  In a suit brought to enforce an assessment, it is a defense that:
(1)  notice of the hearing was not delivered or published in the form or manner required by Section 286.047;  or
(2)  the amount of the assessment exceeds the estimate given in the notice provided under Section 286.047.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter B. Road Improvements and Assessments by Live Oak County Commissioners Court › Section 286.051. Certificate of Assessment

Sec. 286.051.  CERTIFICATE OF ASSESSMENT.  (a)  The commissioners court of the county may issue an assignable certificate in the county's name that:
(1)  certifies an assessment imposed under this subchapter;  and
(2)  declares:
(A)  the existence of a lien against the assessed property;  or
(B)  the personal liability of the property owner.
(b)  The commissioners court may determine the terms of the certificate.
(c)  The certificate is prima facie evidence of a recital in the certificate that states:
(1)  a proceeding ordering the improvements referred to in the certificate was conducted in compliance with the law;  and
(2)  the prerequisites to creating the assessment lien against the property described in the certificate and the personal liability of the property owner have been met.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter B. Road Improvements and Assessments by Live Oak County Commissioners Court › Section 286.052. Correction of Assessment; Subsequent Assessment

Sec. 286.052.  CORRECTION OF ASSESSMENT;  SUBSEQUENT ASSESSMENT.  (a)  If an assessment is held invalid or unenforceable, the commissioners court may:
(1)  correct an error related to the assessment;  and
(2)  after a notice and hearing, impose a subsequent assessment in the same manner provided for an original assessment.
(b)  A person who owns or claims an interest in property against which a subsequent assessment has been imposed has the same right of appeal from the date the commissioners court orders the subsequent assessment as an original assessment.
(c)  Sections 286.049(c) and 286.050(b) relating to waiver of appeal and limitation of defenses apply to a subsequent assessment.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter B. Road Improvements and Assessments by Live Oak County Commissioners Court › Section 286.053. Subsequent Assessment Certificate

Sec. 286.053.  SUBSEQUENT ASSESSMENT CERTIFICATE.  (a)  The commissioners court may issue a subsequent assessment certificate that reflects each modification of the original assessment.
(b)  A subsequent assessment certificate has the same attributes and effect of an original certificate from the date the commissioners court orders the subsequent assessment.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter C. Roads to Public Streams and Lakes and Other Public Water in Leon and Madison Counties › Section 286.061. Applicability

Sec. 286.061.  APPLICABILITY.  This subchapter applies only to Leon County and Madison County.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter C. Roads to Public Streams and Lakes and Other Public Water in Leon and Madison Counties › Section 286.062. Definitions

Sec. 286.062.  DEFINITIONS.  In this subchapter:
(1)  "Public water" includes a public stream, river, bay, or lake.
(2)  "Navigable stream" has the meaning assigned by Section 21.001, Natural Resources Code.
(3)  "Public lake" means a lake in which the state owns the bed, or reserves for the state's residents the right of access to the lake for fishing, boating, hunting, or other recreation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter C. Roads to Public Streams and Lakes and Other Public Water in Leon and Madison Counties › Section 286.063. Public Necessity for Additional Roads; Purpose

Sec. 286.063.  PUBLIC NECESSITY FOR ADDITIONAL ROADS;  PURPOSE.  (a)  A public necessity for additional roads is created by the lack of adequate roads for general public access to a navigable stream, public lake, or the shore of a lake.
(b)  There is a public necessity for a road under this subchapter if a bank or shore of public water is inaccessible to the general public.
(c)  The purpose of this subchapter is to establish a road to make accessible to the general public a bank or shore of public water that is fenced in and inaccessible.
(d)  A bank or shore of public water is inaccessible to the general public under this section if:
(1)  the bank or shore extends for more than five miles without a public road to furnish access to the bank or shore;  or
(2)  there is an area of five or more miles on the bank or shore without a road to furnish public access to the bank or shore.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter C. Roads to Public Streams and Lakes and Other Public Water in Leon and Madison Counties › Section 286.064. Public Road

Sec. 286.064.  PUBLIC ROAD.  The commissioners court may declare to be a public road to furnish access to public water a:
(1)  line between parcels of real property having different owners;
(2)  section line;
(3)  survey line;
(4)  survey subdivision line;  or
(5)  direct practicable route through an enclosure that contains 500 or more acres of land.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter C. Roads to Public Streams and Lakes and Other Public Water in Leon and Madison Counties › Section 286.065. Application for Public Road

Sec. 286.065.  APPLICATION FOR PUBLIC ROAD.  (a)  A person who lives within an enclosure described by Section 286.064(5), or 10 residents of the county, may file a sworn application with the commissioners court for an order to establish a public road for access to a bank or shore of public water in the county.
(b)  The application must:
(1)  state the facts that show the necessity for the highway;
(2)  designate the line or route sought to be opened;  and
(3)  designate the name and residence of each person or owner of real property to be affected by the proposed road.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter C. Roads to Public Streams and Lakes and Other Public Water in Leon and Madison Counties › Section 286.066. Notice of Application

Sec. 286.066.  NOTICE OF APPLICATION.  (a)  On the filing of an application under Section 286.065, the county clerk shall issue to the sheriff or a constable a notice that commands the sheriff or constable to summon the property owners named in the notice to:
(1)  appear at the next regular term of the commissioners court;  and
(2)  show cause why the line or route designated in the application should not be declared a public road.
(b)  Notice under this section:
(1)  must contain the substance of the application filed under Section 286.065;  and
(2)  shall be served and returned in the same manner and for the same length of time as provided for the service of citation in a civil action in justice court.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter C. Roads to Public Streams and Lakes and Other Public Water in Leon and Madison Counties › Section 286.067. Opening of Road to Public Water

Sec. 286.067.  OPENING OF ROAD TO PUBLIC WATER.  (a)  The commissioners court by order shall declare each line designated in the application or designated by the commissioners court to be a public road if the commissioners court determines, at a regular term of court and after service of notice required by Section 286.066, that:
(1)  this subchapter applies to the proposed road;  and
(2)  the proposed road is of public importance.
(b)  The order must direct the owner of each designated line to open the road and leave the road open for a space of 15 feet on each side of the line.  A marked tree or other object used to designate a line and the corners of a survey may not be removed or defaced.
(c)  Notice of the order must be served on the owner of the line immediately.  Service and return of the notice shall be made as provided by Section 286.066.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter C. Roads to Public Streams and Lakes and Other Public Water in Leon and Madison Counties › Section 286.068. Roadwork

Sec. 286.068.  ROADWORK.  The commissioners court is not required to keep a road declared to be a public road under this subchapter worked by road hands.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter C. Roads to Public Streams and Lakes and Other Public Water in Leon and Madison Counties › Section 286.069. Damages and Costs

Sec. 286.069.  DAMAGES AND COSTS.  (a)  A jury of freeholders shall assess any damage to a property owner under this subchapter in the manner provided for other public roads.
(b)  The county shall pay all costs of a proceeding to open a public road if the commissioners court of the county grants the application.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter C. Roads to Public Streams and Lakes and Other Public Water in Leon and Madison Counties › Section 286.070. Opening Road Parallel to Navigable Stream

Sec. 286.070.  OPENING ROAD PARALLEL TO NAVIGABLE STREAM.  (a)  On the filing of an application in accordance with Sections 286.064 through 286.069, the commissioners court may issue an order that opens, in accordance with this subchapter, a public road that runs parallel and adjacent to the bank of a navigable stream for public access to the navigable stream and for camping purposes.
(b)  The public road must be 60 feet wide and may extend any distance the commissioners court considers necessary.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter D. Optional County Road System in Gregg County › Section 286.081. Election for County Road System

Sec. 286.081.  ELECTION FOR COUNTY ROAD SYSTEM.  (a)  The commissioners court of Gregg County shall order an election on the question of the adoption of the optional county road system under Subchapter D, Chapter 252, if the commissioners court receives a petition signed by a number of registered voters residing in each commissioner precinct equal to at least 10 percent of the number of votes cast in the precinct for governor in the most recent general election at which that office was filled.
(b)  The election shall be held on the first authorized uniform election date prescribed by Section 41.001, Election Code, that occurs at least 31 days after the date on which the petition is filed with the commissioners court.
(c)  The ballot for the election shall be printed to permit voting for or against the proposition:  "Adopting the Optional County Road System in Gregg County."
(d)  If the majority of the votes cast in the election favor adoption, the optional county road system takes effect and Chapter 339, Acts of the 54th Legislature, Regular Session, 1955, has no effect.
(e)  If a majority of the votes cast in the election do not favor adoption:
(1)  Chapter 339, Acts of the 54th Legislature, Regular Session, 1955, remains in effect;  and
(2)  another election on the question of adopting the optional county road system may not be held before the first anniversary of the most recent election on the proposition.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter A. General Authority › Section 311.001. General Authority of Home-Rule Municipality

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 (H.B. 3082), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter A. General Authority › Section 311.002. General Authority of General-Law Municipality

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.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter A. General Authority › Section 311.003. Additional Authority of Type a General-Law Municipality

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.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter A. General Authority › Section 311.004. Authority Over Sidewalk in Home-Rule Municipality

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.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter A. General Authority › Section 311.005. Movement of Structure on Street in Home-Rule Municipality

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.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter A. General Authority › Section 311.006. Authority of County to Improve Street in Type B General-Law Municipality

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.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter A. General Authority › Section 311.007. Closing of Street or Alley by Home-Rule Municipality

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.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter A. General Authority › Section 311.008. Closing of Street or Alley by General-Law Municipality

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.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter B. Municipal Freeways › Section 311.031. Definition

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.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter B. Municipal Freeways › Section 311.032. Establishment of Freeway

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.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter B. Municipal Freeways › Section 311.033. Acquisition of Land

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.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter B. Municipal Freeways › Section 311.034. Control of Intersecting Street

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.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter B. Municipal Freeways › Section 311.035. Lease of Land Under Freeway

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.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter C. Authority Relating to Rail Transportation › Section 311.051. Regulation of Street Railway by Type a General-Law Municipality

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.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter C. Authority Relating to Rail Transportation › Section 311.052. Regulation of Railroad by Type a General-Law Municipality

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.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter C. Authority Relating to Rail Transportation › Section 311.053. Closing Street for Certain Purposes in General-Law or Special-Law Municipality

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.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter C. Authority Relating to Rail Transportation › Section 311.054. Railroad Quiet Zone Located Outside Type a General-Law Municipality

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 (S.B. 316), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter D. Franchise to Use Streets in Home-Rule Municipality › Section 311.071. Authority to Grant Franchise

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.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter D. Franchise to Use Streets in Home-Rule Municipality › Section 311.072. Prohibition of Grant by Charter

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.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter D. Franchise to Use Streets in Home-Rule Municipality › Section 311.073. Election After Petition

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.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter D. Franchise to Use Streets in Home-Rule Municipality › Section 311.074. Election Date

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.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter D. Franchise to Use Streets in Home-Rule Municipality › Section 311.075. Election Notice

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.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter D. Franchise to Use Streets in Home-Rule Municipality › Section 311.076. Ballot Proposition

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.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter D. Franchise to Use Streets in Home-Rule Municipality › Section 311.077. Effective Date of Franchise

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.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter D. Franchise to Use Streets in Home-Rule Municipality › Section 311.078. Duration of Franchise

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.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter E. Financing Improvements › Section 311.091. Assessment for Street Improvement in Home-Rule Municipality

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.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter E. Financing Improvements › Section 311.092. Assessment for Opening, Extending, or Widening of Street or Alley in Home-Rule Municipality

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.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter E. Financing Improvements › Section 311.093. Assessment for Sidewalk in Home-Rule Municipality

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.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 311 - General Provisions Relating to Municipal Streets › Subchapter E. Financing Improvements › Section 311.094. Other Financing Methods in Charter of Home-Rule Municipality

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.