Use of Rest Area: Offense

Sec. 545.411. USE OF REST AREA: OFFENSE. (a) A person commits an offense if the person remains at a rest area for longer than 24 hours or erects a tent, shelter, booth, or structure at the rest area and the person: (1) has notice while conducting the activity that the activity is prohibited; or (2) receives notice that the activity is prohibited but does not depart or remove the structure within eight hours after receiving notice. (b) For purposes of this section, a person: (1) has notice if a sign stating the prohibited activity and penalty is posted on the premises; or (2) receives notice if a peace officer orally communicates to the person the prohibited activity and penalty for the offense. (c) It is an exception to Subsection (a) if a nonprofit organization erects a temporary structure at a rest area to provide food services, food, or beverages to travelers and the Texas Department of Transportation: (1) finds that the services would constitute a public service for the benefit of the traveling public; and (2) issues a permit to the organization. (d) In this section, "rest area" means public real property designated as a rest area, comfort station, picnic area, roadside park, or scenic overlook by the Texas Department of Transportation. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.