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.