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.