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Texas Transportation Code - Section 545.0652. County Restriction On Use Of Highway

Legal Research Home > Texas Lawyer > Transportation Code > Texas Transportation Code - Section 545.0652. County Restriction On Use Of Highway

§ 545.0652. COUNTY RESTRICTION ON USE OF HIGHWAY.  (a) In 
this section:   
		(1)  "Department" means the Texas Department of 
Transportation.             
		(2)  "Highway" means a public roadway that:                                   
			(A)  is in the designated state highway system;                              
			(B)  is designated a controlled access facility;  
and                      
			(C)  has a minimum of three travel lanes, 
excluding access or frontage roads, in each direction of traffic.
	(b)  A county commissioners court by order may restrict, by 
class of vehicle, through traffic to two or more designated lanes of 
a highway located in the county and outside the jurisdiction of a 
municipality.
	(c)  An order under Subsection (b) must allow a restricted 
vehicle to use any lane of the highway to pass another vehicle and 
to enter and exit the highway.
	(d)  Before issuing an order under this section, the 
commissioners court shall submit to the department a description of 
the proposed restriction.  The commissioners court may not enforce 
the restrictions unless:
		(1)  the department's executive director or the 
executive director's designee has approved the restrictions;  and
		(2)  the appropriate traffic-control devices are in 
place.                  
	(e)  Department approval under Subsection (d) must to the 
greatest extent practicable ensure a systems approach to preclude 
the designation of inconsistent lane restrictions among adjacent 
counties or municipalities.
	(f)  The department's executive director or the executive 
director's designee may suspend or rescind approval under this 
section for one or more of the following reasons:
		(1)  a change in pavement conditions;                                         
		(2)  a change in traffic conditions;                                          
		(3)  a geometric change in roadway configuration;                             
		(4)  construction or maintenance activity;  or                                
		(5)  emergency or incident management.                                        
	(g)  The department shall erect and maintain official 
traffic-control devices necessary to implement and enforce an order 
issued and approved under this section.

Added by Acts 2003, 78th Leg., ch. 846, § 1, eff. Sept. 1, 2003.           

Last modified: August 11, 2007