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.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 422 was passed by the House on May

         10, 1997, by the following vote:  Yeas 140, Nays 0, 2 present, not

         voting.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 422 was passed by the Senate on May

         20, 1997, by the following vote:  Yeas 31, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor