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Texas Transportation Code - Section 201.901. Prohibiting Use Of Highway Or Road

Legal Research Home > Texas Lawyer > Transportation Code > Texas Transportation Code - Section 201.901. Prohibiting Use Of Highway Or Road

§ 201.901. PROHIBITING USE OF HIGHWAY OR ROAD.  (a) The 
commission may prohibit the use of any part of a highway or road 
under the control of the department by any vehicle that will unduly 
damage the highway or road when:
		(1)  because of wet weather or recent construction or 
repairs, the highway or road cannot be safely used without probable 
serious damage to it;  or
		(2)  a bridge or culvert on the highway or road is 
unsafe.                  
	(b)  Before prohibiting the use of a highway or road under 
this section, the commission shall post notices that state the 
maximum load permitted and the time the use of the highway or road 
is prohibited.  The notices must be posted at locations that enable 
drivers to detour to avoid the restricted highway or road.
	(c)  The commission may not prohibit the use of a highway or 
road under this section until a detour has been provided.
	(d)  If the owner or operator of a vehicle that is prohibited 
from using a highway or road under this section is aggrieved by the 
prohibition, the person may file with the county judge of the county 
in which the restricted highway or road is located a written 
complaint that sets forth the nature of the grievance.  On the 
filing of the complaint the county judge immediately shall set the 
issue for a hearing to be held not later than the third day after the 
date on which the complaint is filed.  The county judge shall give 
to the commission written notice of the day and purpose of each 
hearing.
	(e)  The county judge shall hear testimony offered by the 
parties.  On conclusion of the hearing, the county judge shall 
sustain, revoke, or modify the commission's decision on the 
restriction.  The county judge's judgment is final as to the issues 
raised.
	(f)  A person who violates a prohibition established under 
this section before or after it is approved by the county judge 
under Subsection (e) commits an offense.  An offense under this 
section is a misdemeanor punishable by a fine not to exceed $200.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    

Last modified: August 10, 2007