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                                  * * * * *