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Texas Transportation Code - Section 316.004. Permit Program

Legal Research Home > Texas Lawyer > Transportation Code > Texas Transportation Code - Section 316.004. Permit Program

§ 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.                    

Last modified: August 10, 2007