CODE OF CRIMINAL PROCEDURE

CHAPTER 10. OBSTRUCTIONS OF PUBLIC HIGHWAYS




Art. 10.01. [110] [155] [145] Order to remove                                 

After prosecution begun against any person for obstructing any 
highway, any one, in behalf of the public, may apply to the county 
judge of the county in which such highway is situated;  and upon 
hearing proof, such judge, either in term time or in vacation, may 
issue his written order to the sheriff or other proper officer of 
the county, directing him to remove the obstruction.  Before the 
issuance of such order, the applicant therefor shall give bond with 
security in an amount to be fixed by the judge, to indemnify the 
accused, in case of his acquittal, for the loss he sustains.  Such 
bond shall be approved by the county judge and filed with the papers 
in the cause.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.                                




Art. 10.02. [111] [156] [146] Bond of applicant                               

If the defendant be acquitted after a trial upon the merits of the 
case, he may maintain a civil action against the applicant and his 
sureties upon such bond, and may recover the full amount of the 
bond, or such damages, less than the full amount thereof, as may be 
assessed by a court or jury;  provided, he shows on the trial that 
the place was not in fact, at the time he placed the obstruction or 
impediment thereupon, a public highway established by proper 
authority, but was in fact his own property or in his lawful 
possession.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.                                




Art. 10.03. [112] [158] [148] Removal                                         

Upon the conviction of a defendant for obstructing a public 
highway, if such obstruction still exists, the court shall order 
the sheriff or other proper officer to forthwith remove the same at 
the cost of the defendant, to be taxed and collected as other costs 
in the case.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.