(a) This section applies only to a fence located on land adjacent to a road or highway in the state highway system in a municipality with a population of 1.5 million or more.
(b) The commission may regulate the use of a fence near a road or highway that prevents or obstructs a vehicle from observing other vehicles or traffic in a manner that creates a safety hazard.

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Terms Used In Texas Transportation Code 250.001

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
  • Rule: includes regulation. See Texas Government Code 311.005

(c) The rules may provide for:
(1) setback, height, or visibility requirements for fences;
(2) delayed enforcement of not more than 120 days from the regulations for existing fences that do not comply with current standards; and
(3) any other provision necessary to prevent an unsafe obstruction to the view of traffic on a road or highway.
(d) The failure of the commission to regulate a fence under this section is not admissible as evidence in a civil action that involves allegations that a fence prevents or obstructs a vehicle from observing other vehicles or traffic.
(e) A person commits an offense if the person intentionally violates a rule adopted by the commission under this section. An offense under this section is a misdemeanor punishable by a fine of not less than $500 or more than $1,000. Each day of a rule violation is a separate offense.