(a) A person commits an offense if the person tampers with, damages, or removes a barricade, flare pot, sign, flasher signal, or other device warning of construction, repair, or detour on or adjacent to a highway set out by the state, a political subdivision, a contractor, or a public utility.
(b) This section does not apply to a person acting within the scope and duty of employment if the person is:
(1) an officer, agent, independent contractor, employee, or trustee of the state or a political subdivision;
(2) a contractor; or
(3) a public utility.

Terms Used In Texas Transportation Code 472.021

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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
  • Trustee: A person or institution holding and administering property in trust.

(c) An offense under this section is a misdemeanor punishable by:
(1) a fine of not less than $25 or more than $1,000;
(2) confinement in a county jail for a term not to exceed two years; or
(3) both the fine and the confinement.
(d) In this section:
(1) “Contractor” means a person engaged in highway construction or repair under contract with this state or a political subdivision of this state.
(2) “Highway” means the entire width between the boundary lines of a publicly maintained way, any part of which is open to the public for vehicular travel or any part of which is under construction or repair and intended for public vehicular travel on completion. The term includes the space above or below the highway surface.
(3) “Person” means an individual, firm, association, or corporation and includes an officer, agent, independent contractor, employee, or trustee of that individual or entity.
(4) “Political subdivision” includes a county, municipality, local board, or other body of this state having authority to authorize highway construction or repair.
(5) “Public utility” means:
(A) a telegraph, telephone, water, gas, light, or sewage company or cooperative;
(B) a contractor of a company or cooperative described by Subdivision (A); or
(C) another business recognized by the legislature as a public utility.

  Previous section
Next section  
 Subchapter C Contents