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.