TRANSPORTATION CODE

TITLE 6. ROADWAYS

SUBTITLE Z. MISCELLANEOUS ROADWAY PROVISIONS

CHAPTER 473. REMOVAL OF HIGHWAY OBSTRUCTION THAT IS SUBJECT OF CRIMINAL PROSECUTION

Sec. 473.001. ORDER TO REMOVE HIGHWAY OBSTRUCTION. (

a) After a criminal prosecution begins against a person for obstructing a highway, any person, in behalf of the public, may apply to the county judge of the county in which the highway is located for an order to remove the obstruction.

(

b) On hearing proof regarding an application to remove an obstruction, the county judge, either in term time or in vacation, may issue to the sheriff or other proper officer of the county a written order directing that officer to remove the obstruction.

Added by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170 ),

Sec. 20.001, eff. September 1, 2019.

Sec. 473.002. BOND REQUIRED. (

a) Before an order may be issued under

Section 473.001 , the applicant for the order must give bond with security to indemnify the defendant, in case of the defendant's acquittal, for any loss sustained by the defendant.

(

b) The amount of the bond must be set by the county judge.

(

c) The bond must be approved by the county judge and shall be filed with the papers in the case.

Added by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170 ),

Sec. 20.001, eff. September 1, 2019.

Sec. 473.003. DEFENDANT'S RECOVERY OF BOND AMOUNT ON ACQUITTAL. (

a) If the defendant is acquitted in the criminal case described by

Section 473.001 (a), the defendant may maintain a civil action against the applicant and the applicant's sureties on the bond.

(

b) The defendant may recover the full amount of the bond, or an amount of damages that is less than the amount of the bond, as may be assessed by a court or jury, if the defendant shows at trial that, at the time the defendant placed the obstruction, the obstruction was located on the defendant's own property or on property in the defendant's lawful possession and not on a public highway established by proper authority.

Added by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170 ),

Sec. 20.001, eff. September 1, 2019.

Sec. 473.004. REMOVAL OF HIGHWAY OBSTRUCTION ON CONVICTION. On the conviction of a defendant for obstructing a public highway, if the obstruction still exists, the court shall order the sheriff or other proper officer to immediately remove the obstruction at the defendant's cost, to be imposed and collected as other costs in the case.

Added by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170 ),

Sec. 20.001, eff. September 1, 2019.

TRANSPORTATION CODE

TITLE 1. GENERAL PROVISIONS

CHAPTER 1. GENERAL PROVISIONS

Sec. 1.001. PURPOSE OF CODE. (

a) This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in the law codified as

Section 323.007 , Government Code. The program contemplates a topic-by-topic revision of the state's general and permanent statute law without substantive change.

(

b) Consistent with the objectives of the statutory revision program, the purpose of this code is to make the law encompassed by this code more accessible and understandable by:

(1) rearranging the statutes into a more logical order;

(2) employing a format and numbering system designed to facilitate citation of the law and to accommodate future expansion of the law;

(3) eliminating repealed, duplicative, unconstitutional, expired, executed, and other ineffective provisions; and

Acts 1995, 74th Leg., ch. 165,

Sec. 1, eff. Sept. 1, 1995.

Sec. 1.002. CONSTRUCTION OF CODE.

Chapter 311 , Government Code (Code Construction Act), applies to the construction of each provision in this code except as otherwise expressly provided by this code.

Acts 1995, 74th Leg., ch. 165,

Sec. 1, eff. Sept. 1, 1995.

Sec. 1.003. REFERENCE IN LAW TO STATUTE REVISED BY CODE. A reference in a law to a statute or a part of a statute revised by this code is considered to be a reference to the part of this code that revises that statute or part of that statute.

Acts 1995, 74th Leg., ch. 165,

Sec. 1, eff. Sept. 1, 1995.

Sec. 1.004. DEFINITION. In this code, "Department of Public Safety" means the Department of Public Safety of the State of Texas.

Acts 1995, 74th Leg., ch. 165,

Sec. 1, eff. Sept. 1, 1995.

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE M. DEPARTMENT OF MOTOR VEHICLES

CHAPTER 1001. ORGANIZATION OF DEPARTMENT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 1001.001.

DEFINITIONS. In this subtitle:

(1) "Board" means the board of the department.

(2) "Department" means the Texas Department of Motor Vehicles.

(3) "Executive director" means the executive director of the department.

Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097 ),

Sec. 1.01, eff. September 1, 2009.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1290 (H.B. 2017 ),

Sec. 33, eff. September 1, 2011.

Sec. 1001.002. CREATION OF DEPARTMENT; DUTIES. (

a) The department is created as an agency of this state.

(

b) In addition to the other duties required of the Texas Department of Motor Vehicles, the department shall administer and enforce:

(1) Subtitle A;

(2) Chapters 621 , 622 , 623 , 642 , 643 , 645 , 646 , and 648 ; and

(3) Chapters 2301 and 2302 , Occupations Code.

Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097 ),

Sec. 1.01, eff. September 1, 2009.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420 ),

Sec. 97, eff. September 1, 2011.

Sec. 1001.003. COMPOSITION OF DEPARTMENT. The department is composed of an executive director appointed by the board and other employees required to efficiently implement:

(1) this subtitle;

(2) other applicable vehicle laws of this state; and

(3) other laws that grant jurisdiction to or are applicable to the department.

Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097 ),

Sec. 1.01, eff. September 1, 2009.

Sec. 1001.004. DIVISIONS. The executive director shall organize the department into divisions to accomplish the department's functions and the duties assigned to the department.

Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097 ),

Sec. 1.01, eff. September 1, 2009.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1290 (H.B. 2017 ),

Sec. 34, eff. September 1, 2011.

Sec. 1001.005. SUNSET PROVISION. The department is subject to

Chapter 325 , Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the department is abolished September 1, 2031.

Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097 ),

Sec. 1.01, eff. September 1, 2009.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652 ),

Sec. 4.10, eff. June 17, 2011.

Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604 ),

Sec. 1.01, eff. September 1, 2019.

Sec. 1001.006. DEFENSE BY ATTORNEY GENERAL. The attorney general shall defend an action brought against the board or the department or an action brought against an employee of the department as a result of the employee's official act or omission, regardless of whether at the time of the institution of the action that person has terminated service with the department.

Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097 ),

Sec. 1.01, eff. September 1, 2009.

Sec. 1001.007. PROTECTION AND USE OF INTELLECTUAL PROPERTY AND PUBLICATIONS. (

a) The department may:

(1) apply for, register, secure, hold, and protect under the laws of the United States, any state, or any nation a patent, copyright, mark, or other evidence of protection or exclusivity issued in or for an idea, publication, or other original innovation fixed in a tangible medium, including:

(

A) a literary work;

(

B) a logo;

(

C) a service mark;

(

D) a study;

(

E) a map or planning document;

(

F) a graphic design;

(

G) a manual;

(

H) automated systems software;

(

I) an audiovisual work; or

(

J) a sound recording;

(2) enter into an exclusive or nonexclusive license agreement with a third party for the receipt of a fee, royalty, or other thing of monetary or nonmo