Sec. 311.001. GENERAL AUTHORITY OF HOME-RULE MUNICIPALITY  


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  • (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 , Sec. 1, eff. June 19, 2009.