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Gary Reaves reports.

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MIDLOTHIAN - Texas leads the nation in deadly drunk driving accidents but memorials to victims could soon vanish across North Texas and the state.

In Midlothian, there is a fight taking place to keep memories alive.

Families from across the state have been pushing the legislature for a change in law to keep signs up. It is federal legislation that requires them to be removed after one year.

The legislature has several bills pending to address the matter.

Things came to a head in Midlothian this week, when a sign was taken down.

The sign, visible from the highway, marks Kindle Smith, 16, who was killed by a drunk driver.

"She was cremated, so she doesn't have a tombstone," said her sister, Kristina Smith. "This is kind of where everyone comes to see her."

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TxDOT is keeping the signs up state-wide, until the summer.

She noticed on Monday that the sign had gone.

"It was a bad feeling. I was very angry because they took it down without telling anybody," Smith said.

A couple of phones calls later, and around 30 Midlothian High School students gathered at the place where the sign once stood, protesting the federal law which labels such signs temporary, so they can only stay up for a year.

"They are saying that sign can only stay up for a year but Kindle's not gone for a year," said Jazz Cody. "She's gone longer, she's gone forever."

It turns out that Monday's removal of the sign was a mistake.

TxDOT is keeping them up state-wide, until the summer.

"Some of the signs have passed that one-year mark but we are not taking them down yet until we hear from the legislature," said Tony Hartzel, TxDOT spokesman.

For now the bill is stuck in committee.

If the bill doesn't change, people are ready to continue the fight.

"If the take it down, we're be out here again," said Cody. "That's our sign. We're keeping it up."

"Permanent memorial signs are permitted in rest areas, scenic overlooks, recreation areas... where parking is provided," said Jeffrey Lindley of the Federal Highway Administration.

"Permanent memorial signs are not permitted adjacent to the roadway due to safety and operational concerns," he added.

The bill pending in Austin would double the amount of time these signs would be able to stay up.

The bill has to be out of committee by May 11th, or else it dies as well.

E-mail greaves@wfaa.com.