Texas Transportation Code 545.411 – Use of Rest Area: Offense
Current as of: 2024 | Check for updates
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(a) 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:
(1) has notice while conducting the activity that the activity is prohibited; or
(2) receives notice that the activity is prohibited but does not depart or remove the structure within eight hours after receiving notice.
(b) For purposes of this section, a person:
(1) has notice if a sign stating the prohibited activity and penalty is posted on the premises; or
(2) receives notice if a peace officer orally communicates to the person the prohibited activity and penalty for the offense.
Terms Used In Texas Transportation Code 545.411
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(c) 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:
(1) finds that the services would constitute a public service for the benefit of the traveling public; and
(2) issues a permit to the organization.
(d) 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.