Section 10: Right of Way Encroachments
Anchor: #i1024972Overview
Encroachments on the right of way can be dangerous to the health and safety of the public, displaced individuals, traveling public and those working in the right of way. The Texas Transportation Code sections 472.012, 472.013, and 472.014 allows the Department to remove personal property without the consent of the owner or the carrier of the property. In addition, under this subchapter the Department can recuperate the costs of removal and disposition.
Anchor: #i1024984Homeless Encampments
Texas Legislature enacted Penal Code, §48.05 (House Bill 1925, 87th Legislative Session, 2021), which makes it a Class C misdemeanor for camping in a public place without effective consent of the officer or agency having legal authority to manage that public space. It is the policy of the Texas Transportation Commission and Texas Department of Transportation to not authorize any state right of way to be used for camping in a manner that provides an exception to House Bill.
The Department must cooperate with local law enforcement agencies and the Texas Department of Public Safety in the enforcement of Penal Code, §48.05 if TxDOT reasonably believes a violation has occurred. In addition, if a Municipal Maintenance Agreement (MMA) with a City exists in the area of the violation the Department can reach out the City for assistance with the removal of the encroachment as well.