Texas Transportation Code
Sec. § 545.411
Use of Rest Area: Offense


A person commits an offense if the person remains at a rest area for longer than 24 hours or erects a tent, shelter, booth, or structure at the rest area and the person:


has notice while conducting the activity that the activity is prohibited; or


receives notice that the activity is prohibited but does not depart or remove the structure within eight hours after receiving notice.


For purposes of this section, a person:


has notice if a sign stating the prohibited activity and penalty is posted on the premises; or


receives notice if a peace officer orally communicates to the person the prohibited activity and penalty for the offense.


It is an exception to Subsection (a) if a nonprofit organization erects a temporary structure at a rest area to provide food services, food, or beverages to travelers and the Texas Department of Transportation:


finds that the services would constitute a public service for the benefit of the traveling public; and


issues a permit to the organization.


In this section, “rest area” means public real property designated as a rest area, comfort station, picnic area, roadside park, or scenic overlook by the Texas Department of Transportation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Last accessed
Aug. 14, 2020