2005 Texas Transportation Code CHAPTER 250. MISCELLANEOUS PROVISIONS

TRANSPORTATION CODE

CHAPTER 250. MISCELLANEOUS PROVISIONS


	§ 250.001. RESTRICTION ON FENCES IN CERTAIN 
MUNICIPALITIES.  (a) This section applies only to a fence located 
on land adjacent to a road or highway in the state highway system in 
a municipality with a population of 1.5 million or more.
	(b)  The commission may regulate the use of a fence near a 
road or highway that prevents or obstructs a vehicle from observing 
other vehicles or traffic in a manner that creates a safety hazard.
	(c)  The rules may provide for:                                                
		(1)  setback, height, or visibility requirements for 
fences;                
		(2)  delayed enforcement of not more than 120 days from 
the regulations for existing fences that do not comply with current 
standards;  and
		(3)  any other provision necessary to prevent an unsafe 
obstruction to the view of traffic on a road or highway.
	(d)  The failure of the commission to regulate a fence under 
this section is not admissible as evidence in a civil action that 
involves allegations that a fence prevents or obstructs a vehicle 
from observing other vehicles or traffic.
	(e)  A person commits an offense if the person intentionally 
violates a rule adopted by the commission under this section.  An 
offense under this section is a misdemeanor punishable by a fine of 
not less than $500 or more than $1,000. Each day of a rule violation 
is a separate offense.

Added by Acts 1997, 75th Leg., ch. 1224, § 1, eff. June 20, 1997.