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.