CHAPTER 250. MISCELLANEOUS PROVISIONS
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.