Sec. 63.178. FRANCHISES. (a) A district may grant franchises on property owned or controlled by the district to any person for purposes consistent with this chapter and may charge fees for the franchises.
(b) A franchise may be granted for a period of not more than 50 years.
(c) Before the franchise is granted, the commission must approve the franchise by a majority vote at three separate meetings held at least one week apart and must publish notice. The third meeting at which the commission votes to grant a franchise may not take place before the date the notice required by this subsection is published for the third time.
(c-1) For the purposes of Subsection (c), notice must be published at the expense of the applicant, once a week for three consecutive weeks in a newspaper published in the district. The notice must consist of:
(1) the text of the franchise in full; or
(2) a descriptive caption stating the purpose of the franchise and the location at which a complete copy of the franchise may be obtained.
(d) The franchise shall require the grantee to file a written acceptance within 30 days from the day the franchise is finally approved by the commission. Unless the district and the grantee agree on a later date, the effective date of the franchise is the date the grantee files the written acceptance with the commission.
(e) Fees charged for a franchise may be used to pay interest on bonds or other securities issued by the district for construction of its improvements and to retire these bonds or other securities at maturity.
(f) This section shall not be construed to prevent a district from granting revocable licenses or permits for the use of limited portions of waterfront or facilities for purposes consistent with this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 21, eff. June 17, 2011.
Acts 2017, 85th Leg., R.S., Ch. 427 (S.B. 1395), Sec. 19, eff. June 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1120 (S.B. 1129), Sec. 2, eff. September 1, 2017.
Structure Texas Statutes
Title 4 - General Law Districts
Chapter 63 - Self-Liquidating Navigation Districts
Subchapter D. Powers and Duties
Section 63.151. Authority of District
Section 63.152. Purposes of District
Section 63.153. General Authority of District
Section 63.154. Authority to Go on Land
Section 63.155. Acquisition of Property and Right-of-Way
Section 63.156. Eminent Domain
Section 63.157. Authority Over Improvements
Section 63.158. Obtaining Consent of United States
Section 63.159. Cooperation With the United States
Section 63.160. Duties of Engineer
Section 63.161. United States Performing Duties of Engineer
Section 63.162. District Order for Improvements
Section 63.163. Notice of Hearing
Section 63.164. Hearing on Improvements
Section 63.168. Bids for Contract
Section 63.169. Notice of Bids
Section 63.170. Application of Certain Sections
Section 63.171. Procedure for Bids
Section 63.172. Formal Requirements of Contract
Section 63.173. Contractor's Bond
Section 63.174. Interest in Contract
Section 63.175. Supervision of Work
Section 63.176. Payment for Work
Section 63.177. Commission Report
Section 63.180. Issuance of Writs
Section 63.181. Peace Officers