GATES ON THIRD-CLASS AND NEIGHBORHOOD ROADS; OFFENSES

(a) A person, including a neighborhood association, who owns or controls real property on which a third-class road or a neighborhood road established under Section 251.053 is located for which the right-of-way was obtained without cost to the county may erect a gate across the road when necessary. The person shall place a permanent hitching post and stile block on each side of the gate within 60 feet of the gate. The gate must be: (1) at least 10 feet wide; (2) free of obstructions above the gate; (3) constructed so that opening and shutting the gate will not cause unnecessary delay to persons, including emergency personnel, using the road; and (4) constructed with a fastening to hold the gate open until a person using the gate passes through it. (b) The property owner shall keep the gate and the approaches to the gate in good order. (c) A person who erects a gate across a road specified by Subsection (a) and who wilfully or negligently fails to comply with a requirement of this section commits an offense. An offense under this subsection is a misdemeanor punishable by a fine of not less than $5 or more than $20. Each week that the person fails to comply with this section constitutes a separate offense. (d) A person who wilfully or negligently leaves open a gate on a road specified by Subsection (a) commits an offense. An offense under this subsection is a misdemeanor punishable by a fine of not less than $5 or more than $20. (e) A person may not erect a gate under this section unless the gate is approved by the commissioners court of the county.