By Farrar H.B. No. 422 75R12133 DRH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation by the Texas Transportation Commission 1-3 of fences along a road or highway in the state highway system in 1-4 certain municipalities; providing a criminal penalty. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subtitle B, Title 6, Transportation Code, is 1-7 amended by adding Chapter 250 to read as follows: 1-8 CHAPTER 250. MISCELLANEOUS PROVISIONS 1-9 Sec. 250.001. RESTRICTION ON FENCES IN CERTAIN 1-10 MUNICIPALITIES. (a) This section applies only to a fence located 1-11 on land adjacent to a road or highway in the state highway system 1-12 in a municipality with a population of 1.5 million or more. 1-13 (b) The commission may regulate the use of a fence near a 1-14 road or highway that prevents or obstructs a vehicle from observing 1-15 other vehicles or traffic in a manner that creates a safety hazard. 1-16 (c) The rules may provide for: 1-17 (1) setback, height, or visibility requirements for 1-18 fences; 1-19 (2) delayed enforcement of not more than 120 days from 1-20 the regulations for existing fences that do not comply with current 1-21 standards; and 1-22 (3) any other provision necessary to prevent an unsafe 1-23 obstruction to the view of traffic on a road or highway. 1-24 (d) The failure of the commission to regulate a fence under 2-1 this section is not admissible as evidence in a civil action that 2-2 involves allegations that a fence prevents or obstructs a vehicle 2-3 from observing other vehicles or traffic. 2-4 (e) A person commits an offense if the person intentionally 2-5 violates a rule adopted by the commission under this section. An 2-6 offense under this section is a misdemeanor punishable by a fine of 2-7 not less than $500 or more than $1,000. Each day of a rule 2-8 violation is a separate offense. 2-9 SECTION 2. The importance of this legislation and the 2-10 crowded condition of the calendars in both houses create an 2-11 emergency and an imperative public necessity that the 2-12 constitutional rule requiring bills to be read on three several 2-13 days in each house be suspended, and this rule is hereby suspended, 2-14 and that this Act take effect and be in force from and after its 2-15 passage, and it is so enacted.