Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 22 - USE OF STATE PROPERTY › Subchapter B - USE OF STATE HIGHWAY RIGHT OF WAY › Section 22.17 - Memorial Markers

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  section prescribes the process by which the department will allow the
				  placement, along state highway right-of-way, of privately funded memorials
				  honoring peace officers killed in the line of duty.
(b) Agreement. The department may execute an
				  agreement with a non-profit corporation to fund, install, and maintain
				  memorials honoring peace officers. A corporation must enter into an agreement
				  with the department in a form prescribed by the department prior to any request
				  for approval to install a memorial. Once a corporation has entered into an
				  agreement, it may request to install a memorial in a specific location on the
				  state highway right-of-way. Corporations desiring to install memorials must
				  submit notice of such interest to the director of the department's Maintenance
				  Division, along with a copy of the corporation's certificate of incorporation.
				  The agreement will contain terms and conditions the department deems necessary
				  to protect the privacy of the deceased peace officer and to protect the public
				  safety, including, but not limited to:
(1) a
				  statement that only memorials which honor peace officers who lost their lives
				  in the line of duty will be allowed;
(2) a statement that the corporation must
				  submit a separate request for each memorial it desires to install on state
				  highway right-of-way;
(3) a
				  statement that the memorials will be furnished, installed, and maintained at no
				  cost to the department, and that the corporation will correct any superficial
				  or structural damage done to markers within 30 days of notification for
				  superficial damage, and within 90 days of notification for structural
				  damage;
(4) a statement that the
				  exact location of each memorial must be approved by the department;
(5) a statement that the department may
				  temporarily or permanently relocate the memorials to accommodate highway
				  construction, reconstruction, maintenance or operations;
(6) a statement that the exact wording on the
				  memorials must be approved by the department, and that the name of the company
				  supplying the markers must not appear on the marker;
(7) a statement that the corporation must
				  furnish and install any initial roadside signing of the memorials which meets
				  all department requirements;
(8) a
				  statement that the department will furnish replacement signs if the need
				  arises;
(9) a statement that the
				  department may provide and maintain turnouts, where necessary, so that
				  motorists may view the memorials;
(10) a statement that the corporation will
				  not use the name of the department or refer to the department in any activity
				  which is designed to collect funds or any activity which may lead to the
				  collection of funds; and
(11) a
				  statement that, by approving the placement of a memorial, the department is not
				  obligated to increase maintenance around the site to a level higher than it
				  would be if the memorial were not installed on the right-of-way.