1-1 By: Bosse (Senate Sponsor - Rosson) H.B. No. 1852
1-2 (In the Senate - Received from the House May 3, 1993;
1-3 May 4, 1993, read first time and referred to Committee on State
1-4 Affairs; May 10, 1993, reported favorably by the following vote:
1-5 Yeas 8, Nays 0; May 10, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the control of outdoor advertising signs; providing
1-24 penalties.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Section 4.03, Chapter 741, Acts of the 67th
1-27 Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
1-28 Civil Statutes), is amended by adding Subsections (h), (i), and (j)
1-29 to read as follows:
1-30 (h)(1) The legislature declares that signs erected and
1-31 maintained in violation of this Act endanger the health, safety,
1-32 welfare, morals, convenience, and enjoyment of the traveling public
1-33 and the protection of the public investment in the interstate and
1-34 primary highway systems and thereby constitute a public nuisance.
1-35 (2) An owner of a sign erected or maintained in
1-36 violation of this section shall remove the sign upon written
1-37 notification by certified mail from the Texas Department of
1-38 Transportation. If the owner of a sign does not remove the sign
1-39 within 45 calendar days of the date of the notice, the department
1-40 may direct the attorney general to initiate injunctive proceedings
1-41 to enjoin the owner of the sign from maintaining the sign and
1-42 requiring the effective removal of the sign.
1-43 (3) In an action brought under Subdivision (2) of this
1-44 subsection, the state is entitled to recover from the owner of a
1-45 sign removed as a result of injunctive proceedings all
1-46 administrative and legal costs and expenses incurred to effect
1-47 removal of the sign, including, but not limited to, court costs and
1-48 reasonable attorney's fees.
1-49 (i) An owner or lessor of a tract of land who allows a
1-50 person to erect or maintain a sign in violation of this section
1-51 commits an offense.
1-52 (j)(1) In addition to being subject to a criminal penalty or
1-53 injunctive action as otherwise provided by law, a person who
1-54 intentionally violates this section is liable to the state for a
1-55 civil penalty. The attorney general may sue to collect the
1-56 penalty.
1-57 (2) The amount of the civil penalty is not less than
1-58 $500 nor more than $1,000 for each violation, depending on the
1-59 seriousness of the violation. A separate civil penalty may be
1-60 collected for each day on which a continuing violation occurs.
1-61 (3) Civil penalties collected under this section shall
1-62 be deposited in the state treasury to the credit of the state
1-63 highway fund.
1-64 SECTION 2. Section 4.12, Chapter 741, Acts of the 67th
1-65 Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
1-66 Civil Statutes), is amended to read as follows:
1-67 Sec. 4.12. PENALTY. A person who wilfully commits an
1-68 offense under this article or wilfully violates any rule adopted by
2-1 the commission in accordance with this article is, on conviction,
2-2 subject to a fine of not less than $500 <$25> nor more than $1,000
2-3 <$200>. Each day of the wilful offense or violation constitutes a
2-4 separate offense.
2-5 SECTION 3. (a) The change in law made by this Act applies
2-6 only to the punishment for an offense committed on or after the
2-7 effective date of this Act. For purposes of this section, an
2-8 offense is committed before the effective date of this Act if any
2-9 element of the offense occurs before the effective date.
2-10 (b) An offense committed before the effective date of this
2-11 Act is covered by the law in effect when the offense was committed,
2-12 and the former law is continued in effect for this purpose.
2-13 SECTION 4. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended.
2-18 * * * * *
2-19 Austin,
2-20 Texas
2-21 May 10, 1993
2-22 Hon. Bob Bullock
2-23 President of the Senate
2-24 Sir:
2-25 We, your Committee on State Affairs to which was referred H.B.
2-26 No. 1852, have had the same under consideration, and I am
2-27 instructed to report it back to the Senate with the recommendation
2-28 that it do pass and be printed.
2-29 Harris of
2-30 Dallas, Chairman
2-31 * * * * *
2-32 WITNESSES
2-33 FOR AGAINST ON
2-34 ___________________________________________________________________
2-35 Name: Gary Bernethy x
2-36 Representing: Tx Department of Transportation
2-37 City: Austin
2-38 -------------------------------------------------------------------
2-39 Name: Karen Johnson x
2-40 Representing: Tx Good Roads Assn
2-41 City: Austin
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