By Farrar H.B. No. 422
75R639 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation by the Texas Department of
1-3 Transportation of fences along a road or highway in the state
1-4 highway system in certain municipalities.
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 department 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) compensation for owners of existing fences that do
1-20 not comply with current standards;
1-21 (3) delayed enforcement of or exemption from the
1-22 regulations for existing fences that do not comply with current
1-23 standards; and
1-24 (4) any other provision necessary to prevent an unsafe
2-1 obstruction to the view of traffic on a road or highway.
2-2 SECTION 2. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended,
2-7 and that this Act take effect and be in force from and after its
2-8 passage, and it is so enacted.