By Bosse H.B. No. 1852
Substitute the following for H.B. No. 1852:
By Turner of Harris C.S.H.B. No. 1852
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the control of outdoor advertising signs; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 4.03, Chapter 741, Acts of the 67th
1-6 Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
1-7 Civil Statutes) is amended by adding subsections (h), (i), and (j)
1-8 to read as follows:
1-9 (h)(1) The legislature declares that signs erected and
1-10 maintained in violation of this Act endanger the health, safety,
1-11 welfare, morals, convenience, and enjoyment of the traveling public
1-12 and the protection of the public investment in the interstate and
1-13 primary highway systems; and thereby, constitute a public nuisance.
1-14 (2) An owner of a sign erected or maintained in
1-15 violation of this section shall remove the sign upon written
1-16 notification by certified mail from the Texas Department of
1-17 Transportation. If the owner of a sign does not remove the sign
1-18 within 45 calendar days of the date of the notice, the department
1-19 may direct the attorney general to initiate injunctive proceedings
1-20 to enjoin the owner of the sign from maintaining the sign and
1-21 requiring the effective removal of the sign.
1-22 (3) In an action brought under paragraph (2) of this
1-23 subsection, the state is entitled to recover from the owner of a
2-1 sign removed as a result of injunctive proceedings all
2-2 administrative and legal costs and expenses incurred to effect
2-3 removal of the sign, including, but not limited to, court costs and
2-4 reasonable attorney fees.
2-5 (i) An owner or lessor of a tract of land who allows a
2-6 person to erect or maintain a sign in violation of this section
2-7 commits an offense.
2-8 (j)(1) In addition to being subject to criminal penalty or
2-9 injunctive action as otherwise provided by law, a person who
2-10 intentionally violates this section is liable to the state for a
2-11 civil penalty. The attorney general may sue to collect the
2-12 penalty.
2-13 (2) The amount of the civil penalty is not less than
2-14 $500 nor more than $1,000 for each violation, depending on the
2-15 seriousness of the violation. A separate civil penalty may be
2-16 collected for each day on which a continuing violation occurs.
2-17 (3) Civil penalties collected under this section shall
2-18 be deposited in the state treasury to the credit of the state
2-19 highway fund.
2-20 SECTION 2. Section 4.12, Chapter 741, Acts of the 67th
2-21 Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
2-22 Civil Statutes) is amended to read as follows:
2-23 Sec. 4.12. A person who wilfully commits an offense under
2-24 this article or wilfully violates any rule adopted by the
2-25 commission in accordance with this article is, on conviction,
3-1 subject to a fine of not less than $500 <$25> nor more than $1,000
3-2 <$200>. Each day of the wilful offense or violation constitutes a
3-3 separate offense.
3-4 SECTION 3. (a) The change in law made by this Act applies
3-5 only to the punishment for an offense committed on or after the
3-6 effective date of this Act. For purposes of this section, an
3-7 offense is committed before the effective date of this Act if any
3-8 element of the offense occurs before the effective date.
3-9 (b) An offense committed before the effective date of this
3-10 Act is covered by the law in effect when the offense was committed,
3-11 and the former law is continued in effect for this purpose.
3-12 SECTION 4. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended.