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
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   2-39  Name:  Karen Johnson                             x
   2-40  Representing:  Tx Good Roads Assn
   2-41  City:  Austin
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