Texas Codes
Tex. Loc. Gov't Code § 282.003 (2026)
Authority Of Home-rule Municipality To Grant Franchise
✓ current as of May 2026
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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.
Notes of Decisions
Cited in 1
case, 2000–2000 · leading case: Cent. Power & Light Co. v. Pub. Util. Comm'n of Texas & Cities of San Juan, Pharr, & San Benito (Tex. App. 2000).
Cent. Power & Light Co. v. Pub. Util. Comm'n of Texas & Cities of San Juan, Pharr, & San Benito (Tex. App. 2000). “or any other character of public utility without first obtaining the consent of the governing authorities expressed by ordinance and upon paying such compensation as may be prescribed and upon such condition as may be provided by such ordinance.”
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