Section 10: Right of Way Encroachments
Overview
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.
Homeless 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.