Texas Codes

Tex. Transp. Code § 311.001 (2026)

General Authority Of Home-rule Municipality

✓ current as of May 2026

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Sec. 311.001. GENERAL AUTHORITY OF HOME-RULE MUNICIPALITY. (a) A home-rule municipality has exclusive control over and under the public highways, streets, and alleys of the municipality.

(b) The municipality may:

(1) control, regulate, or remove an encroachment or obstruction on a public street or alley of the municipality;

(2) open or change a public street or alley of the municipality; or

(3) improve a public highway, street, or alley of the municipality.

(c) Notwithstanding Subsection (a) or (b) or Section 311.007, before a municipality with a population of 1.9 million or more may install traffic calming measures within the municipality, the governing body of the municipality must:

(1) publish standards and criteria, which must include sufficient notice to allow the governing body to receive and consider public comments from residents within one-half mile of the proposed traffic calming measure;

(2) on request of affected residents, schedule and hold a public meeting before implementation of the measure; and

(3) if the measure involves the closure of a street to motor vehicular traffic, before the closure:

(A) hold a public hearing on the issue of the closure; and

(B) approve the closure by a majority vote.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1321 (H.B. 3082), Sec. 1, eff. June 19, 2009.

Notes of Decisions

Cited in 18 cases (2 in the last 5 years), 1996–2025 · leading case: City of Richardson v. Oncor Elec. Delivery Co., 539 S.W.3d 252 (Tex. 2018).

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City of Richardson v. Oncor Elec. Delivery Co., 539 S.W.3d 252 (Tex. 2018). · cites it 2× “001; TEX. TRANSP. CODE § 311.071. A utility's use of these public rights-of-way is "subject to the direction of the governing body of the municipality.”

City of San Antonio v. TPLP Off. Park Props., 218 S.W.3d 60 (Tex. 2007). “See TEX. TRANSP. CODE §§ 311.001, 311.007; City of San Antonio Charter Art.”

Enclave Arlington Assocs. Ltd. P'ship v. City of Arlington, 669 F. Supp. 2d 735 (N.D. Tex. 2009). · cites it 3× “Tex. Transp. Code §§ 311.001, 311.007 (Vernon 1999) (giving home-rule municipality such as defendant 10 “exclusive control” over the public streets).”

Block House Mun. Util. Dist. v. City of Leander, 291 S.W.3d 537 (Tex. App. 2009). · cites it 2× “001 expressly authorizes the City to condemn public property outside its municipal boundaries, see Tex.”

City of Laredo v. Webb Cnty., 220 S.W.3d 571 (Tex. App. 2007). “” Tex. Transp. Code Ann. § 311.001 (a) (West 1999); see Adams v.”

Sipes v. City of Longview, 925 S.W.2d 764 (Tex. App. 1996). “Appellants also contend the City of Long-view is a home-rule city and, as such, has “exclusive and dominant control” over its highways, streets, and alleys.”

City of Euless v. Dallas/Fort Worth Int'l Airport Bd., 936 S.W.2d 699 (Tex. App. 1996). “” Tex.Transp. Code Ann. § 311.001(a)(Vernon Pamph.”

City of San Antonio v. Tplp Off. Park Props., Ltd., 155 S.W.3d 365 (Tex. App. 2004). · cites it 2× “Tex. Transp. Code Ann. §§ 311.001 ; 311.007 (Vernon 1999).”

Oncor Elec. Delivery Co. LLC v. City of Richardson, Texas (Tex. App. 2018). · cites it 2× “001; see TEX. TRANSP. CODE § 311.001. This exclusive jurisdiction over electric utilities and public rights-of-way gives home-rule cities authority to grant franchises to utilities for the transmission and distribution of electricity, by which a utility obtains use of a city’s…”

Pub. Util. Comm'n of Texas // City of Denton Operating as Denton Mun. Elec. v. City of Denton Operating as Denton Mun. Elec. // Cross-Appellee Pub. Util. Comm'n of Texas (Tex. App. 2025). · cites it 2× “15, 25 Tex. Transp. Code §§ 311.001, 311.002 ...”

Euless v. Dallas/fort Worth Airpt. Bd., 936 S.W.2d 699 (Tex. App. 1996). “" TEX.TRANSP. CODE ANN. § 311.001(a)(Vernon Pamph.”

Tina Cooper v. HMH Lifestyles, L.P. D/B/A HistoryMaker Homes & HMH Auburndale Dev., Inc. (Tex. App. 2024). “See Tex. Transp. Code Ann. § 311.001 (a) (stating that “[a] home-rule municipality has exclusive control over and under the public highways, streets, and alleys of the municipality”); but see City of El Paso v.”

Show all 18 citing cases →

— Tex. Transp. Code § 311.001(a) — 4 cases

City of Richardson v. Oncor Elec. Delivery Co., 539 S.W.3d 252 (Tex. 2018). “001; TEX. TRANSP. CODE § 311.071. A utility's use of these public rights-of-way is "subject to the direction of the governing body of the municipality.”

City of Euless v. Dallas/Fort Worth Int'l Airport Bd., 936 S.W.2d 699 (Tex. App. 1996). “” Tex.Transp. Code Ann. § 311.001(a)(Vernon Pamph.”

Euless v. Dallas/fort Worth Airpt. Bd., 936 S.W.2d 699 (Tex. App. 1996). “" TEX.TRANSP. CODE ANN. § 311.001(a)(Vernon Pamph.”

Oncor Elec. Delivery Co. LLC v. City of Richardson, Texas (Tex. App. 2018). “001; see TEX. TRANSP. CODE § 311.001. This exclusive jurisdiction over electric utilities and public rights-of-way gives home-rule cities authority to grant franchises to utilities for the transmission and distribution of electricity, by which a utility obtains use of a city’s…”

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