Sec. 143.028. FENCES. (a) A person is not required to fence against animals that are not permitted to run at large. Except as otherwise provided by this section, a fence is sufficient for purposes of this chapter if it is sufficient to keep out ordinary livestock permitted to run at large.
(b) In order to be sufficient, a fence must be at least four feet high and comply with the following requirements:
(1) a barbed wire fence must consist of three wires on posts no more than 30 feet apart, with one or more stays between every two posts;
(2) a picket fence must consist of pickets that are not more than six inches apart;
(3) a board fence must consist of three boards not less than five inches wide and one inch thick; and
(4) a rail fence must consist of four rails.
(c) The freeholders of the county or area may petition the commissioners court for an election to determine whether three barbed wires without a board are to constitute a sufficient fence in the county or area. The election shall be conducted in the same manner and is governed by the same provisions of this subchapter provided for elections on the adoption of this subchapter.
Acts 1981, 67th Leg., p. 1342, ch. 388, Sec. 1, eff. Sept. 1, 1981.
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