Tex.
Transp. Code Section 251.010
Gates on Third-class and Neighborhood Roads; Offenses
(a)
A person, including a neighborhood association, who owns or controls real property on which a third-class road or a neighborhood road established under Section 251.053 (Neighborhood Roads) is located for which the right-of-way was obtained without cost to the county may erect a gate across the road when necessary. The person shall place a permanent hitching post and stile block on each side of the gate within 60 feet of the gate. The gate must be:(1)
at least 10 feet wide;(2)
free of obstructions above the gate;(3)
constructed so that opening and shutting the gate will not cause unnecessary delay to persons, including emergency personnel, using the road; and(4)
constructed with a fastening to hold the gate open until a person using the gate passes through it.(b)
The property owner shall keep the gate and the approaches to the gate in good order.(c)
A person who erects a gate across a road specified by Subsection (a) and who wilfully or negligently fails to comply with a requirement of this section commits an offense. An offense under this subsection is a misdemeanor punishable by a fine of not less than $5 or more than $20. Each week that the person fails to comply with this section constitutes a separate offense.(d)
A person who wilfully or negligently leaves open a gate on a road specified by Subsection (a) commits an offense. An offense under this subsection is a misdemeanor punishable by a fine of not less than $5 or more than $20.(e)
A person may not erect a gate under this section unless the gate is approved by the commissioners court of the county.
Source:
Section 251.010 — Gates on Third-class and Neighborhood Roads; Offenses, https://statutes.capitol.texas.gov/Docs/TN/htm/TN.251.htm#251.010 (accessed May 4, 2024).
