TWT H.B. 422 75(R)BILL ANALYSIS


TRANSPORTATION
H.B. 422
By: Farrar
4-27-97
Committee Report (Substituted)


BACKGROUND 

Motorists in Houston's Sharpstown area have registered complaints about
their vision being obstructed by fences along Highway 59.  This impediment
bars drivers needing to view traffic along roads or highways in order to
drive safely and obey traffic laws.  Moreover,  hindering a driver's
ability to view traffic creates a serious safety hazard. 

PURPOSE

This bill authorizes the Texas Transportation Commission to regulate the
use of a fence near a road or highway which may obstruct or prevent
vehicles from observing other vehicles. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill expressly grants additional
rulemaking authority to the Texas Transportation Commission in Section 1,
Sec. 250.001 (b) and (c). 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subtitle B, Title 6, Transportation Code, by adding
Chapter 250 as follows. 

 (a) Applies 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) Gives the commission authority to regulate the use of a fence near a
road or a highway that obstructs motorist vision or creates a safety
hazard. 

 (c) The rules may provide for: (1) setback, height or visibility
requirements; (2) authority to delay enforcement for not more than 120
days for fences not in compliance; and (3) any other provision necessary.

 (d) The fact that the commission does not regulate a fence is not
admissible as evidence in a suit alleging that a fence prevents or
obstructs a driver's view of other vehicles or traffic. 

 (e) A person commits an offense if they knowingly violate 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 a rule is violated is a separate offense.  

SECTION 2. Emergency Clause. Effective upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1. The original in Sec. 250.001 (c)(2) allowed commission rules to
provide for compensating owners for fences that don't comply. This
provision was deleted in the substitute. The original in Sec. 250.001
(c)(3) allowed commission rules to delay or exempt enforcement. The
substitute allows only for delayed enforcement of not more than 120 days.
Subsections (d) and (e) of the substitute are new and were not included in
the original.