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.