CHAPTER 255. COUNTY REGULATION OF SIGHT DISTANCES
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE C. COUNTY ROADS AND BRIDGES
CHAPTER 255. COUNTY REGULATION OF SIGHT DISTANCES
Sec. 255.001. DEFINITION. In this chapter, "sight distance"
means the unimpaired view of a motorist at or near the
intersection of a road with another road or with an alley,
driveway, or another way intended for vehicular traffic.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 255.002. COUNTY REGULATORY AUTHORITY. (a) The
commissioners court of a county by order may regulate the sight
distance for an intersection that involves a county road and that
is located outside the limits of a municipality. The
commissioners court may:
(1) define the appropriate sight distance;
(2) prohibit an obstruction of the sight distance by any
vegetation, loose earth, or other item except a building or other
structure affixed to the ground, if the obstruction is a traffic
hazard; and
(3) provide for the removal and disposition of an obstruction
maintained in violation of an order adopted under this section.
(b) The commissioners court may not adopt an order under this
section that conflicts with an ordinance of a municipality
located in the county or with a rule adopted by a state agency
relating to billboards or outdoor advertising. An order adopted
in violation of this subsection is void.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 255.003. NOTICE TO OWNER OF OBSTRUCTION. (a) If the
commissioners court determines that an obstruction of the sight
distance exists in violation of an order adopted under Section
255.002, the court shall send a written notice of that
determination by registered mail, return receipt requested, to
the record owner of the property on which the obstruction is
located.
(b) The notice must include:
(1) a description of the obstruction and its location; and
(2) an order requiring the owner to take measures specified in
the order to correct or remove the obstruction.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 255.004. HEARING ON REMOVAL ORDER. (a) A person who is
aggrieved by an order issued under Section 255.003 may request a
hearing on the order. The request must be made not later than the
10th day after the date the person receives notice of the
obstruction.
(b) The commissioners court shall hold the hearing not later
than the 10th day after the date the request for a hearing is
received.
(c) After the hearing, the commissioners court shall make
appropriate orders relating to the obstruction.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 255.005. ASSESSMENT. (a) If after notice and expiration
of the time permitted for a hearing request under this chapter, a
person does not comply with an order adopted under this chapter,
the commissioners court may remove, dispose of, or correct the
obstruction and assess the costs incurred by the county in doing
so against the owner of the property on which the obstruction was
located.
(b) Interest accrues at an annual rate of 10 percent on any
unpaid part of the costs.
(c) If a person assessed costs under this section does not pay
the costs within 60 days after the date of assessment, a lien in
favor of the county attaches to the property from which the
obstruction was removed or corrected to secure the payment of the
costs and interest.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 255.006. COMPENSATION FOR LOSS OF VALUE. The commissioners
court shall pay the owner of the property from which an
obstruction is removed by the court or required by the court to
be removed under this chapter an amount sufficient to cover the
loss of value, if any, of the obstruction incurred by the owner
because of the removal.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 255.007. OFFENSE FOR VIOLATION OF ORDER. (a) A person
commits an offense if the person violates an order adopted under
this chapter.
(b) An offense under this section is a Class C misdemeanor.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.