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Texas Transportation Code - Section 316.002. Permitted Improvements Or Facilities On Municipal Street

Legal Research Home > Texas Lawyer > Transportation Code > Texas Transportation Code - Section 316.002. Permitted Improvements Or Facilities On Municipal Street

§ 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.                    

Last modified: August 10, 2007