State Codes and Statutes

State Codes and Statutes

Statutes > Texas > Code-of-criminal-procedure > Title-1-code-of-criminal-procedure > Chapter-10-obstructions-of-public-highways

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 10. OBSTRUCTIONS OF PUBLIC HIGHWAYS

Art. 10.01. 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. 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. 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.