The Texas Transportation Code is a comprehensive set of laws governing transportation in the state of Texas. Within this extensive code, Texas Transportation Code 311 specifically addresses the powers and responsibilities of municipalities concerning their public streets, highways, and alleys. This chapter is crucial for understanding the extent of municipal authority over transportation infrastructure within city limits. This article delves into the key provisions of Chapter 311, providing a clear and SEO-optimized explanation for anyone seeking to understand municipal control over roadways in Texas.
General Authority of Municipalities: Home-Rule vs. General-Law
Chapter 311 of the Texas Transportation Code begins by delineating the general authority granted to municipalities, distinguishing between home-rule and general-law municipalities. This distinction is fundamental in Texas municipal law as it impacts the scope of powers a city can exercise.
Home-Rule Municipalities: Exclusive Control
Section 311.001 focuses on home-rule municipalities, which are cities that have adopted a local charter granting them broad authority over local affairs. According to this section, a home-rule municipality has “exclusive control over and under the public highways, streets, and alleys” within its jurisdiction. This broad statement grants these municipalities significant power, allowing them to:
- Regulate Encroachments and Obstructions: Control, regulate, or even remove any encroachment or obstruction on public streets or alleys. This could range from unauthorized structures to improperly parked vehicles.
- Street Modifications: Open or change public streets or alleys, allowing for urban planning and adaptation to changing traffic needs.
- Street Improvements: Improve public highways, streets, or alleys, encompassing construction, maintenance, and upgrades.
This section underscores the significant autonomy home-rule municipalities possess in managing their transportation infrastructure.
General-Law Municipalities: Similar, Yet Defined Control
Section 311.002 addresses the authority of general-law municipalities. These are municipalities operating under the general laws of Texas, with powers specifically granted by the state legislature. While their authority is also described as “exclusive control,” it’s defined slightly differently compared to home-rule cities. A general-law municipality has exclusive control over the “highways, streets, and alleys” of the municipality. Their powers include:
- Abatement of Obstructions: Abate or remove encroachments or obstructions on highways, streets, or alleys, similar to home-rule cities, ensuring public right-of-way is maintained.
- Street Management: Open, change, regulate, or improve a street, reflecting a similar scope of control over street modifications and improvements.
- Drainage and Sewer Management: Put in drains or sewers in streets, prevent obstruction, and protect these utilities from encroachment or damage. This highlights the municipality’s role in managing essential infrastructure beneath the streets.
To effectively exercise these powers, general-law municipalities are further authorized to:
- Regulate Land Grade: Regulate or change the grade of land, crucial for street construction and drainage.
- Require Land Filling: Require land to be raised by filling, further enabling street and infrastructure development.
While both types of municipalities have significant control, the distinction lies in the source of their power – home-rule cities derive authority from their charters, offering more flexibility, while general-law cities operate within the confines of specifically granted state powers.
Additional Authority for Type A General-Law Municipalities
Section 311.003 adds specific powers for Type A general-law municipalities. Texas classifies general-law municipalities into types based on population, with Type A being the largest among general-law cities. This section grants them further authority, particularly focusing on pedestrian infrastructure and public cleanliness:
- Sidewalk Encroachment Control: Prevent or abate encroachments or obstructions on sidewalks.
- Bridge and Sidewalk Maintenance: Abate encroachments or obstructions on bridges, culverts, sidewalks, or crossways.
- Infrastructure Construction and Regulation: Construct, regulate, or maintain bridges, culverts, sidewalks, or crossways.
- Construction Standards: Regulate the construction of these infrastructure elements.
- Property Owner Responsibilities: Require property owners to keep streets, sidewalks, and gutters in front of their premises free of weeds, unclean matter, or trash, promoting public hygiene and aesthetics.
- Sidewalk Improvement Mandates: Require landowners to improve the sidewalk in front of their land, ensuring pedestrian walkways are well-maintained.
This section highlights the emphasis on pedestrian infrastructure and public space maintenance within larger general-law municipalities.
Sidewalk Authority in Home-Rule Municipalities
Section 311.004 specifically addresses sidewalk authority for home-rule municipalities, reinforcing their power over pedestrian infrastructure. They are authorized to:
- Sidewalk Construction: Construct sidewalks.
- Sidewalk and Curb Improvements: Provide for sidewalk improvement or curb construction through ordinances with penal provisions, allowing for enforcement.
- Nuisance Declaration: Declare a defective sidewalk to be a public nuisance, enabling legal action to address hazardous conditions.
This section reiterates the broad powers of home-rule municipalities, specifically in the context of pedestrian infrastructure, and their ability to enforce standards through legal means.
Regulating Structure Movement in Home-Rule Municipalities
Section 311.005 grants home-rule municipalities the power to regulate the movement of structures on their streets. This is important for managing oversized loads, house moving, and other situations where large structures need to be transported through city streets, ensuring public safety and minimizing disruption.
County Authority in Type B General-Law Municipalities
Section 311.006 introduces a unique provision regarding county authority in Type B general-law municipalities. Type B general-law municipalities are smaller than Type A. This section allows a county commissioners court to improve streets within a Type B municipality under specific conditions:
- Street Continuation: The street must be a continuation of a public road of the county, ensuring connectivity between county and municipal roads.
- Municipal Consent: The governing body of the municipality must consent to the county’s improvement project, respecting municipal autonomy.
This section facilitates cooperation between counties and smaller municipalities to improve transportation infrastructure, particularly where municipal resources might be limited.
Street and Alley Closure: Home-Rule vs. General-Law
Chapter 311 also addresses the power of municipalities to close streets and alleys, again differentiating between home-rule and general-law cities.
Home-Rule Municipality Closure
Section 311.007 simply states that a home-rule municipality “may vacate, abandon, or close a street or alley.” This grants them straightforward authority to close streets or alleys as needed for various reasons, such as redevelopment or public safety.
General-Law Municipality Closure: Petition Requirement
Section 311.008 places a condition on general-law municipalities closing streets or alleys. They may do so by ordinance, but only “if a petition signed by all the owners of real property abutting the street or alley is submitted to the governing body.” This requirement ensures that closures in general-law cities are supported by the directly affected property owners, adding a layer of community consent.
Municipal Freeways: Establishing and Managing Limited Access Roads
Subchapter B of Chapter 311 shifts focus to municipal freeways, which are defined in Section 311.031 as municipal streets where access rights from adjoining land have been acquired. This subchapter outlines the specific authorities related to these limited-access roadways.
Freeway Establishment
Section 311.032 details the process for establishing a freeway. A municipality can:
- Establish, Maintain, and Operate Freeways: Granting broad authority over freeway creation and management.
- Consent or Acquisition for Existing Streets: To convert an existing street into a freeway, the municipality must obtain consent from abutting landowners or acquire access rights through purchase or condemnation.
- New Freeway Exception: Consent is not required when establishing a freeway as a completely new roadway.
This section clarifies the legal steps required to create freeways within municipalities, particularly when modifying existing streets.
Land Acquisition for Freeways
Section 311.033 allows municipalities to acquire land for freeway purposes through various means: “gift, devise, purchase, or condemnation.” This mirrors the standard methods for acquiring property for public use, ensuring municipalities have the necessary tools for freeway development.
Control of Intersecting Streets
Section 311.034 grants municipalities significant control over streets intersecting freeways, allowing them to:
- Close Intersecting Streets: Close streets at or near freeway intersections to manage access and traffic flow.
- Construct Overpasses or Underpasses: Build streets over or under freeways to maintain local connectivity.
- Connect Streets to Freeways: Connect streets with freeways, creating on-ramps and off-ramps.
- Take Necessary Actions: Perform other actions on streets as needed to implement freeway powers.
This section provides municipalities with the tools to integrate freeways into the existing street network effectively and safely.
Leasing Land Under Elevated Freeways
Section 311.035 offers a unique provision allowing the lease of land under elevated freeway sections for parking purposes. Revenue generated from such leases must be used for general governmental purposes, providing a potential revenue stream from otherwise underutilized space.
Authority Related to Rail Transportation
Subchapter C of Chapter 311 addresses municipal authority over rail transportation, primarily focusing on Type A general-law municipalities.
Street Railway Regulation in Type A General-Law Municipalities
Section 311.051 grants Type A general-law municipalities specific regulatory powers over street railway companies:
- Road Maintenance: Require street railway companies to maintain their roads.
- Street Grade Conformity: Require companies to conform their tracks to street grades when the municipality grades the street.
- Safety Measures: Mandate measures for safe and convenient travel on streets with railway tracks.
- Vehicle Speed Regulation: Regulate the speed of vehicles using railway tracks.
- Penalty Enforcement: Establish penalties to enforce these regulations.
This section ensures municipalities can regulate street railways for public safety and infrastructure maintenance.
Railroad Regulation in Type A General-Law Municipalities
Section 311.052 expands the regulatory powers of Type A general-law municipalities to include broader railroad regulation:
- Location and Construction Control: Direct and control the location and construction of railroad tracks, turnouts, and switches, and prohibit them in streets or alleys without legal authorization.
- Minimal Interference Standards: Require minimal interference with street use and sufficient space for vehicles and pedestrians around tracks.
- Track Maintenance: Require railroad companies to maintain streets or alleys with tracks.
- Crossing Maintenance: Order railroad companies to construct and maintain crossings at street or alley intersections.
- Drainage Infrastructure: Require construction and maintenance of ditches, sewers, or culverts by railroad companies.
- Locomotive Speed and Use Regulation: Direct, prohibit, or regulate locomotive speed within the municipality.
- Depot Location Control: Direct and control the location of railroad depots.
This section grants significant power to regulate railroads within Type A general-law municipalities, covering safety, infrastructure, and urban planning aspects.
Street Closure for Railroads in General and Special-Law Municipalities
Section 311.053 allows general-law or special-law municipalities to temporarily or permanently close streets or alleys for exclusive railroad use or other corporations with eminent domain rights. This can be done if:
- Municipal Charter Authority: The municipal charter authorizes such action.
- Voter Approval: A majority of voters approve granting this authority at an election.
This section provides a mechanism for municipalities to accommodate railroad infrastructure needs, potentially involving street closures, under specific authorization conditions.
Railroad Quiet Zones Outside Type A General-Law Municipalities
Section 311.054, added in 2009, addresses railroad quiet zones for a specific type of Type A general-law municipality – those entirely surrounded by a city with over 1.1 million population. These municipalities can:
- Interlocal Contracts: Enter into interlocal contracts with the surrounding larger municipality to establish quiet zones outside their boundaries, if beneficial to the smaller municipality.
- Expend Funds: Expend municipal funds and issue debt (certificates of obligation or bonds) for quiet zone expenses, including studies and improvements.
This section addresses a unique situation for smaller, enclosed municipalities to benefit from regional transportation initiatives like railroad quiet zones, even if located outside their direct jurisdiction.
Franchise to Use Streets in Home-Rule Municipalities
Subchapter D focuses on franchises granted by home-rule municipalities to entities for using public streets and alleys.
Authority to Grant Franchise
Section 311.071 vests exclusive authority in the governing body of a home-rule municipality to grant franchises for using or occupying public streets or alleys. This ensures centralized municipal control over street usage by private or public entities like utilities or transportation services.
Charter Prohibition of Franchise Grants
Section 311.072 clarifies that a municipal charter itself cannot grant such franchises; the power rests solely with the governing body through ordinances.
Election After Petition for Franchise
Section 311.073 provides a mechanism for public input on franchise grants. If a petition signed by 10% of registered voters is received before the franchise ordinance’s effective date, the governing body must submit the franchise question to voters. In larger cities (over 1.9 million population), the charter might set a lower petition signature threshold.
Election Date and Notice
Sections 311.074 and 311.075 detail election procedures. Elections must be held on the first uniform election date allowing sufficient legal compliance time. Public notice must be published in a daily newspaper for at least 20 consecutive days, superseding standard election code notice requirements.
Ballot Proposition and Effective Date
Sections 311.076 and 311.077 specify the ballot proposition wording (“Granting of a franchise (brief description of the franchise and its terms)”) and the franchise’s effective date. If a majority votes in favor, the governing body declares the result, and the franchise becomes effective as per its terms.
Franchise Duration
Section 311.078 limits the duration of franchises granted under this subchapter, ensuring they are not perpetual and can be reviewed or terminated.
Financing Street Improvements
Subchapter E of Chapter 311 addresses methods for financing municipal street improvements, again with distinctions based on municipality type.
Assessment for Street Improvement in Home-Rule Municipalities
Section 311.091 allows home-rule municipalities to assess landowners for street improvements abutting their property, provided the municipal charter allows cost apportionment. Assessments are capped at the special benefit to the landowner’s property value. Assignable certificates can be issued for payment, and assessments create liens on the property. Railway companies are specifically responsible for improvement costs between and around their tracks.
Assessment for Street Opening, Extension, or Widening in Home-Rule Municipalities
Section 311.092 addresses financing for street opening, extension, or widening in home-rule municipalities. Municipalities can:
- Eminent Domain: Acquire necessary land through eminent domain.
- Landowner Assessment: Assess landowners in the improvement area for the cost, capped at the special benefit.
Special commissioners in eminent domain proceedings apportion costs, with the municipal share capped at one-third. Landowner assessments create liens, and assignable certificates with deferred payments (up to 8% interest) can be issued.
Assessment for Sidewalks in Home-Rule Municipalities
Section 311.093 allows home-rule municipalities to assess landowners for the entire cost of sidewalk construction (including curbs) abutting their property. These assessments also create liens.
Other Financing Methods in Home-Rule Municipal Charters
Section 311.094 permits home-rule municipalities to adopt alternative financing methods in their charters for improvements described in Sections 311.091, 311.092, and 311.093. Alternative methods for street opening, extension, or widening must still charge costs to specially benefited property owners and detail procedures for commissioner appointment, notice, and assessment processes.
Assessment for Street Improvement in Type A General-Law Municipalities
Section 311.095 outlines street improvement financing for Type A general-law municipalities. With a two-thirds vote of aldermen, they can improve streets and assess abutting landowners for two-thirds of the cost, with the municipality paying one-third and the entire cost at intersections. Assessments are paid in at least five annual installments and fund improvement bonds. The municipal engineer (or designated official) prepares a report with cost estimates and property details. After report approval, assessments are imposed as taxes, and notice for payment is given. Delinquent assessments become liens, and land can be seized and sold (with similar notice as for delinquent taxes) to recover assessments. Municipalities can also sue landowners for unpaid assessments.
Cost of Sidewalks in Type A General-Law Municipalities
Section 311.096 allows Type A general-law municipalities to require landowners to pay for sidewalk construction in front of their property. If necessary, the municipality can sell the property to recover costs, keeping the construction and collection costs and returning the balance to the owner. Such sales convey good title to the purchaser.
Miscellaneous Provisions
Subchapter Z includes miscellaneous provisions, primarily for Type A general-law municipalities.
Regulation of Animals on Streets in Type A General-Law Municipalities
Section 311.901 grants Type A general-law municipalities authority to:
- Prohibit or Suppress Horse Racing: Ban or control horse racing on streets.
- Regulate Animal Riding/Driving: Suppress immoderate riding or driving of animals.
- Require Animal Fastening: Require fastening of animals left standing on streets.
This section reflects older concerns about animal traffic management in urban areas.
Street Lighting in Type A General-Law Municipalities
Section 311.902 empowers Type A general-law municipalities to:
- Provide and Regulate Street Lighting: Manage and regulate street lighting.
- Create Lamp Districts: Establish or modify lamp districts for focused lighting provision.
- Regulate Gas Pipes and Fixtures: Exclusively regulate gas pipe and fixture laying/repair in streets, alleys, and sidewalks.
This section highlights municipal control over public lighting and related infrastructure.
Street Work Required of Inhabitants in Type B General-Law Municipalities
Section 311.903 allows Type B general-law municipalities to require male inhabitants (18-45 years old, with exceptions for ministers) to work on streets and alleys for up to five days a year. Inhabitants can provide substitutes or pay a fee (up to $1 per day) instead of working. This reflects a historical practice of community labor for public works.
Former President’s Street in Home-Rule Municipality
Section 311.904, added to address security concerns, allows home-rule municipalities, alone or with others, to regulate or restrict access to streets or alleys where a former U.S. President resides. This includes installing fences, gates, or other structures to enhance security.
Conclusion: Municipal Streets and the Texas Transportation Code
Texas Transportation Code 311 provides a detailed framework for municipal authority over streets, alleys, and related transportation infrastructure. It carefully balances the powers of municipalities, particularly differentiating between home-rule and general-law cities, and addresses various aspects of street management, from general control and improvements to specific issues like freeways, rail transport, franchises, and financing. Understanding Chapter 311 is essential for anyone involved in municipal governance, urban planning, transportation, or real estate development in Texas, as it defines the legal landscape within which municipal street decisions are made.
