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.