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A BILL TO BE ENTITLED
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AN ACT
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relating to the civil penalty for certain signs placed on the |
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right-of-way of a public road. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 393.007(a) and (b), Transportation |
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Code, are amended to read as follows: |
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(a) A person who places or commissions the placement of or |
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whose commercial advertisement is placed on a sign on the |
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right-of-way of a public road that is not otherwise authorized by |
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law may be liable for a civil penalty. A district or county |
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attorney or a municipal attorney in the jurisdiction in which the |
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placement of a sign on the right-of-way of a public road is alleged |
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to have occurred may sue to collect the penalty. |
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(b) The amount of the civil penalty may not exceed: |
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(1) [is not less than $500 or more than] $1,000 for a |
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first [each] violation; |
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(2) $2,500 for a second violation; and |
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(3) $5,000 for a third or subsequent violation[, |
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depending on the seriousness of the violation and whether the |
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person has previously violated this chapter. A separate penalty |
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may be collected for each day a continuing violation occurs]. |
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SECTION 2. The change in law made by this Act applies only |
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to a violation that occurs on or after the effective date of this |
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Act. A violation that occurs before the effective date of this Act |
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is governed by the law in effect on the date the violation occurred, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, a violation occurs before the effective |
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date of this Act if any element of the violation occurs before that |
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date. |
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SECTION 3. This Act takes effect September 1, 2023. |