The district may grant franchises, but only under the section’s conditions, including approval rules, notice, a 50-year maximum, and a written acceptance requirement.
Sec. 61.164. FRANCHISES. (a) The district may grant franchises to persons or corporations on property owned or controlled by the district if the franchises are granted for purposes consistent with the provisions of this subchapter. (b) No franchise shall be granted for longer than 50 years nor shall a franchise be granted except on the affirmative vote of a majority of the commissioners at three separate meetings of the commission which meetings may not be closer together than one week. The third meeting at which the commission votes to grant a franchise may not take place before the date the notice required by Subsection (c) is published for the third time. (c) No franchise shall be granted until notice is published at the expense of the applicant, once a week for three consecutive weeks in a daily newspaper of general circulation published inside the district. For the purposes of this subsection, notice consists 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 after 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) Nothing in this section shall be construed as preventing the 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 1971, 62nd Leg., p. 1770, ch. 518, Sec. 15, eff. May 13, 1971. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 18, eff. June 17, 2011. Acts 2017, 85th Leg., R.S., Ch. 1120 (S.B. 1129), Sec. 1, eff. September 1, 2017.