SRC-SLL H.B. 422 75(R) BILL ANALYSIS Senate Research Center H.B. 422 By: Farrar (Gallegos) State Affairs 5-15-97 Engrossed DIGEST Motorists in Houston have registered complaints about their vision being obstructed by fences along Highway 59. These fences inhibit the view of traffic along roads or highways. Additionally, hindering a driver's ability to view traffic creates a serious safety hazard. This bill will provide for regulation by the Texas Transportation Commission of fences along a road or highway in the state highway system in certain municipalities, and provide a penalty. PURPOSE As proposed, H.B. 422 provides for regulation by the Texas Transportation Commission of fences along a road or highway in the state highway system in certain municipalities, and provide a penalty. RULEMAKING AUTHORITY This bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Title 6B, Transportation Code, by adding Chapter 250, as follows: CHAPTER 250. MISCELLANEOUS PROVISIONS Sec. 250.001. RESTRICTION ON FENCES IN CERTAIN MUNICIPALITIES. Provides that 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. Authorizes the Texas Transportation Commission (commission) to 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. Authorizes the rules to provide certain criteria. Provides that 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. Provides that a person commits a misdemeanor punishable by a fine of not less than $500 or more than $1,000 if the person intentionally violates a rule adopted by the commission under this section. Provides that each day of a rule violation is a separate offense. SECTION 2. Emergency clause. Effective date: upon passage.