By: Miles S.B. No. 355

(In the Senate - Filed January 15, 2021; March 9, 2021, read first time and referred to Committee on Transportation; April 8, 2021, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; April 8, 2021, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 355 By: Seliger

A BILL TO BE ENTITLED

AN ACT

relating to the civil penalty for certain signs placed on the right-of-way of a public road.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 393.007(a) and (b), Transportation Code, are amended to read as follows:

(a) A person who places, [or] commissions the placement of, or whose commercial advertisement is placed on a sign on the right-of-way of a public road that is not otherwise authorized by law may be liable for a civil penalty. A district or county attorney or a municipal attorney in the jurisdiction in which the placement of a sign on the right-of-way of a public road is alleged to have occurred may sue to collect the penalty.

(b) The amount of the civil penalty is:

(1) not less than $500 or more than $1,000 for a first [each] violation;

(2) $5,000 for a second violation; and

(3) $10,000 for a third or subsequent violation[, depending on the seriousness of the violation and whether the person has previously violated this chapter. A separate penalty may be collected for each day a continuing violation occurs].

SECTION 2. The change in law made by this Act applies only to a violation that occurs on or after the effective date of this Act. A violation that occurs before the effective date of this Act is governed by the law in effect on the date the violation occurred, and the former law is continued in effect for that purpose. For purposes of this section, a violation occurs before the effective date of this Act if any element of the violation occurs before that date.

SECTION 3. This Act takes effect September 1, 2021.

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