CHAPTER 250. MISCELLANEOUS PROVISIONS - Texas Statutes

TRANSPORTATION CODE

TITLE 6. ROADWAYS

SUBTITLE B. STATE HIGHWAY SYSTEM

CHAPTER 250. MISCELLANEOUS PROVISIONS

Sec. 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, Sec. 1, eff. June 20,

1997.