1-1 By: Farrar (Senate Sponsor - Gallegos) H.B. No. 422 1-2 (In the Senate - Received from the House May 12, 1997; 1-3 May 13, 1997, read first time and referred to Committee on State 1-4 Affairs; May 18, 1997, reported favorably by the following vote: 1-5 Yeas 13, Nays 0; May 18, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the regulation by the Texas Transportation Commission 1-9 of fences along a road or highway in the state highway system in 1-10 certain municipalities; providing a criminal penalty. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Subtitle B, Title 6, Transportation Code, is 1-13 amended by adding Chapter 250 to read as follows: 1-14 CHAPTER 250. MISCELLANEOUS PROVISIONS 1-15 Sec. 250.001. RESTRICTION ON FENCES IN CERTAIN 1-16 MUNICIPALITIES. (a) This section applies only to a fence located 1-17 on land adjacent to a road or highway in the state highway system 1-18 in a municipality with a population of 1.5 million or more. 1-19 (b) The commission may regulate the use of a fence near a 1-20 road or highway that prevents or obstructs a vehicle from observing 1-21 other vehicles or traffic in a manner that creates a safety hazard. 1-22 (c) The rules may provide for: 1-23 (1) setback, height, or visibility requirements for 1-24 fences; 1-25 (2) delayed enforcement of not more than 120 days from 1-26 the regulations for existing fences that do not comply with current 1-27 standards; and 1-28 (3) any other provision necessary to prevent an unsafe 1-29 obstruction to the view of traffic on a road or highway. 1-30 (d) The failure of the commission to regulate a fence under 1-31 this section is not admissible as evidence in a civil action that 1-32 involves allegations that a fence prevents or obstructs a vehicle 1-33 from observing other vehicles or traffic. 1-34 (e) A person commits an offense if the person intentionally 1-35 violates a rule adopted by the commission under this section. An 1-36 offense under this section is a misdemeanor punishable by a fine of 1-37 not less than $500 or more than $1,000. Each day of a rule 1-38 violation is a separate offense. 1-39 SECTION 2. The importance of this legislation and the 1-40 crowded condition of the calendars in both houses create an 1-41 emergency and an imperative public necessity that the 1-42 constitutional rule requiring bills to be read on three several 1-43 days in each house be suspended, and this rule is hereby suspended, 1-44 and that this Act take effect and be in force from and after its 1-45 passage, and it is so enacted. 1-46 * * * * *