Texas Codes
Tex. Transp. Code § 311.002 (2026)
General Authority Of General-law Municipality
✓ current as of May 2026
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Sec. 311.002. GENERAL AUTHORITY OF GENERAL-LAW MUNICIPALITY. (a) A general-law municipality has exclusive control over the highways, streets, and alleys of the municipality.
(b) The municipality may:
(1) abate or remove an encroachment or obstruction on a highway, street, or alley;
(2) open, change, regulate, or improve a street; or
(3) put a drain or sewer in a street, prevent the obstruction of the drain or sewer, or protect the drain or sewer from encroachment or damage.
(c) To carry out its powers under this section, the municipality may:
(1) regulate or change the grade of land; and
(2) require that the grade of land be raised by filling an area.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 2002–2023 · leading case: Jordan v. Landry's Seafood Restaurant, Inc., 89 S.W.3d 737 (Tex. App. 2002).
Jordan v. Landry's Seafood Restaurant, Inc., 89 S.W.3d 737 (Tex. App. 2002). “Tex. Transp. Code Ann. § 311.002 (Vernon 1999).”
Town of Westlake, Texas v. City of Southlake, Texas (Tex. App. 2021). “” See Tex. Transp. Code Ann. § 311.002 (a). Westlake argues that it is uncontroverted that Southlake’s condemnation of the Access Tract impinges on Westlake’s authority because Southlake’s stated public use is to construct “roadway improvements.”
City of Canton v. Lewis First Monday, Inc. (Tex. App. 2023). “” TEX. TRANSP. CODE ANN. § 311.002. “Pursuant to its police power, a city is authorized to enact ordinances tending to promote the general welfare of the public in the use of the streets and sidewalks.”
Jordan, Shirley D. v. Landry's Seafood Restaurant, Inc. (Tex. App. 2002). “Tex. Transp. Code Ann. § 311.002 (Vernon 1999).”
Valerie Clark & Holly Venture, a Texas Jt. Venture v. South Padre Island Dev., L.L.C. (Tex. App. 2009). “" Tex. Transp. Code Ann. § 311.002 (Vernon 1999).”
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2014). “that is an abandoned part of a street or alley," and such a sale "may include the improvements on the property.”
— Tex. Transp. Code § 311.002(a) — 1 case
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2014). “that is an abandoned part of a street or alley," and such a sale "may include the improvements on the property.”
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