THE ATTOHNEY GENERAL 

OF TEXAS 

Honorable Brad Wright Opinion No. JM-1182 

Chairman 

Committee on Public Health Re: Use of four-way stop 

Texas House of Representatives signs by governmental 

P. 0. Box 2910 bodies to control "cutAustin, Texas 78769 through" traffic in residential neighborhoods 

Honorable George Pierce (RQ-2008) 

Chairman 

Committee on Urban Affairs 

Texas House of Representatives 

P. 0. BOX 2910 

Austin, Texas 78768-2910 

Dear Representatives Wright and Pierce: 

You ask the following questions: 

Does the State Department of Highways and 

Public Transportation's 'Texas Manual On 

Uniform Traffic Control Devices For Streets 

And Highways' forbid the use of multi-way 

stoo siuns in a typical 'cut-through' situation? - 

If the manual does forbid the use of 

multi-way stop signs except in the few 

specified conditions mentioned in Section 

2B-6, does state law forbid local authorities 

from authorizing multi-way stop signs to 

control the typical 'cut-through' situation? 

We assume that the "typical cut-through situation" YOU 

refer to in your questions is illustrated by the following 

background information you have furnished us. 

Many neighborhoods in Texas suffer from 

'cut-through' traffic. Motorists cause 

'cut-through' traffic when they try to avoid 

traffic lights (or traffic congestion) on 

major throughfares by 'cutting through' 

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adjacent residential neighborhoods, using 

minor residential streets neither designed 

nor intended to be traffic arteries. Often, 

such heavy use causes safety hazards (especially when children are present), and it can 

cause unwarranted noise and disruption in 

otherwise quiet residential neighborhoods. 

'Cut-through' traffic residential 

neighborhood can signifiiktl; detract from 

the quality of life there. 

Local traffic officials have very few options 

to control 'cut-through' traffic. Because 

street patterns are almost always fixed by 

recorded plat or dedication, it is usually 

futile to try re-route or to redesign the 

streets themselves. Sometimes turn restrictions or \ one-way' restrictions will 

discourage 'cut-through' traffic, but these 

restrictions can cause problems of their own 

in a residential neighborhood. 

Local traffic officials may have no practical 

way to discourage 'cut-throughs' except by 

erecting four-way or three-way stop signs on 

the affected residential streets. 

Section 31 of 'article 6701d, V.T.C.S., addresses the 

matter of local authorities placing and maintaining traffic 

control devises upon any highway under their jurisdiction. 

Section 31 provides: 

Local authorities, in their respective jurisdiction, may place and maintain any 

traffic-control devices upon any highway 

under their jurisdiction as they may deem 

necessary to indicate and carry out the 

provisions of this Act, or local tr;~af~~ 

ordinances, or regulate, warn or 

traffic. All such traffic-control devices 

hereafter erected shall conform to the State 

Hiahwav Deoartment'sl manual and saecifications. (Emphasis added.) 

1. "State Highway Department" changed to "State 

(Footnote Continued) 

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Section 29 of article 6701d authorizes the State 

Highway Department to adopt a manual and specifications for 

a uniform system of traffic control devices. Section 29 

provides: 

The State Highway Commission2 shall adopt 

a manual and specifications for a uniform 

system of traffic-control devices consistent 

with the provisions of this Act for use upon 

highways within this state. Such uniform 

system shall correlate with and so far as 

possible conform to the system then current 

as approved by the American Association of 

State Highway Officials. 

"Street or highway" is defined in section 13(a) of 

article 6701d as "the entire width between the boundary 

lines of every way publicly maintained when any part thereof 

is open to the use of the public for purposes of vehicular 

travel." 

Part 1 of the department's Texas Manual on Uniform 

Traffic Control.Devices deals with "general provisions" of 

the manual. We .believe its sections lA-4 and lA-5 are 

instructive in understanding the meaning of those sections 

that address the matter of installation of multi-way stop 

signs. 

Section lA-4 concerns the matter of an engineering 

study prior to making a decision to use a particular device 

at a location. Section lA-4 states: 

The decision to use a particular device at 

a particular location should be made on the 

basis of an enaineerina study of the 

location. Thus, while this Manual provides 

standards for design and application of 

traffic control devices, the Manual is not a 

substitute for enuineerina iudament. It is 

(Footnote Continued) 

Department of Highways and Public Transportation." V.T.C.S. 

art. 6663. 

2. "State Highway Commission@' changed to "State 

Highway and Public Transportation Commission." V.T.C.S. 

art. 6663. 

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se’ * ent at th anua 

be 3 st nd r s 

installation, but not a leaal reouirement for 

installation. 

Qualified engineers are needed to exercise 

the engineering judgment inherent in the 

selection of traffic control devices, just as 

they are needed to locate and design the 

roads and streets which the devicescomplement. JUrisdictions 

itv for traffic control, that do not have 

crualified enaineers on their staffs, should 

seek assistance from the State highway 

department, their county, a nearby large 

city, or a traffic consultant. (Emphasis 

added.) 

Section lA-5 addresses the meaning of 8Vshall,'t 

"should," and 18rnayV8 as they are used in the manual, 

providing: 

In the Manual sections dealing with the 

design and application of traffic control 

devices, the words '8shall,8U "should" and 

8tmayln are used to describe specific 

conditions concerning these devices. To 

clarify the meanings intended in this Manual 

by the use of these words, the following 

definitions apply: 

1. SHALL -- A mandatory condition. Where 

certain requirements in the design or 

application of the device are described with 

the 'shall' stipulation, it is mandatory when 

an installation is made that these reguirements be met. 

2. SHOULD -- An advisorv condition. 

Where the word 'should' is used, it is 

considered to be advisable usage, recommended 

but not mandatory. 

3. MAY -- A pe m condition. No 

requirement for design or application is 

intended. 

The manual describes traffic conditions which may or 

should justify a multi-way stop sign installation in section 

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2B-6 and in Appendix B of the manual entitled "Alternate 

Warrant for Multi-way Stop Control Using Volume and Delay." 

We believe that the traffic conditions detailed in 

section 2B-6 and Appendix B are intended as guidelines for 

use of local authorities in making a determination of 

whether to erect multi-way stop signs. The manual expressly 

states that they are not a requirement for.installation. We 

note that section 2B-6 does emphasize the importance of the 

use of qualified engineers in the selection of sites and 

erections of such signs. 

In the event a determination is made to install 

multi-way stop signs, section 2B-4 of the manual prescribes 

the dimensions, shape, color, placement, and use of devices 

and supplementary plates that shall be used. Section 31 of 

article 6701d requires that all **traffic-control devices 

hereafter erected shall conform to the State Highway 

Department's manual and specifications." 

In response to your first question, we believe that the 

existence of traffic conditions described in section 2B-6 

and Appendix B of the manual are not a prerequisite to the 

erection of multi-way stop signs or .devices by local 

authorities. However, should a determination be made to 

install such signs or devices they must conform to the 

dimensions, shape, color, and placement required by section 

2B-4 of the manual. 

Your second question asks whether state law forbids 

local authorities from authorizing multi-way stop signs 

other than may be detailed in the department manual. 

Subsection (b) of sections 27 of article 6701d prohibits 

the erection of stop signs by local authorities under 

certain conditions. Subsection (b) states: 

No local authority shall erect or maintain 

any stop sign or yield sign or traffic-control device at any location so as to require 

the traffic on any State highway, including 

Farm-to-Market or Ranch-to-Market roads, to 

stop or yield before entering or crossing any 

intersecting highway unless such signs or 

devices are erected and maintained by virtue 

of an agreement entered into between such 

local authority and the State Highway 

Department under the provisions of Senate 

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, 

Bill No. 415, Acts of the 46th Legislature, 

Regular Session. [V.T.C.S. art. 6673b.13 

Subsection (b) of section 27 of article 6701d expressly 

prohibits the erection of stop signs at any location so as 

to reguire traffic to stop before entering or crossing a 

state highway unless there has been an agreement with the 

State Highway Department pursuant.to article 667313. 

SUMMARY 

Section 31 of article 6701d, V.T.C.S., and 

the Texas Manual on Uniform Traffic Control 

Devices for Streets and Highways do not 

prohibit local authorities from erecting 

multi-way stop signs at intersections. The 

manual contains suggested guidelines ' 

determining whether such signals should t: 

installed and emphasizes the necessity of 

engineering judgment in arriving at a 

decision. In the event stop signs are 

installed, the signs must conform to the 

requirements of section 2B-4 of the manual as 

to dimensions, shape, color, placement, and 

under what conditions supplementary plates 

3. Article 6673b provides: 

The [State Highway and Public Transportation 

Commission] is hereby authorized and empowered, in its 

discretion, to enter into contracts or agreements with 

the governing bodies of incorporated cities, towns, 

and villages, whether incorporated under the home rule 

provisions of the Constitution, Special Charter, or 

under the General Laws, providing for the location, 

relocation, construction, reconstruction, maintenance, 

control, supervision, and regulation of designated 

State highways within'or through the corporate limits 

of such incorporated cities, towns, and villages, and 

determining and fixing the respective liabilities or 

responsibilities of the parties resulting therefrom: 

and such incorporated cities, towns, and villages are 

hereby authorized and empowered, through the governing 

bodies of such cities, towns, and villages to enter 

into such contracts or agreements with the [State 

Highway and Public Transportation Commission]. 

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Honorable Brad Wright 

Honorable George Pierce 

. Page 7 

shall be used. Subsection (b) of section 27 

of article 6701d, V.T.C.S., prohibits the 

erection of a stop sign at any location so as 

to require the traffic on any state highway, 

including farm-to-market or ranch-to-market 

roads, to stop before entering or crossing 

any intersecting highway unless such devices 

are erected and maintained pursuant to an 

agreement entered into between the local 

authorities and the State Highway and Public 

Transportation Commission pursuant to article 

6673b, V.T.C.S. 

Very /+uly Yo# , 

JIM MATTOX 

Attorney General of Texas 

MARYKELLER 

First Assistant Attorney General 

LOU MCCREARY 

Executive~Assistant Attorney General 

JUDGE ZOLLIE STEAKLEY 

Special Assistant Attorney General 

RENEA HICKS 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, opinion Committee 

Prepared by Tom G. Davis 

Assistant Attorney General 

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