Sec. 316.003. FINDING REQUIRED. An improvement or facility described by Section 316.002(a) may not be established unless the governing body of the municipality, or a municipal official who is designated by ordinance to make the finding, finds that:
(1) the improvement or facility will not be located on, extend onto, or intrude on:
(A) the roadway; or
(B) a part of the sidewalk needed for pedestrian use;
(2) the improvement or facility will not create a hazardous condition or obstruction of vehicular or pedestrian travel on the municipal street; and
(3) the design and location of the improvement or facility includes all reasonable planning to minimize potential injury or interference to the public in the use of the municipal street.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Structure Texas Statutes
Subtitle E - Municipal Streets
Subchapter A. Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities
Section 316.002. Permitted Improvements or Facilities on Municipal Street
Section 316.003. Finding Required
Section 316.004. Permit Program
Section 316.005. Renewal of Prior Permit
Section 316.006. Use of Municipal Money or Employee for Permitted Facility
Section 316.007. Improvement or Facility Established or Maintained by Municipality
Section 316.008. Public and Governmental Actions and Functions of Municipality
Section 316.009. Right of Abatement
Section 316.010. Political Subdivision Not Required to Obtain Permit