HBA-ATS S.B. 1204 76(R)   BILL ANALYSIS


Office of House Bill AnalysisS.B. 1204
By: Cain
Civil Practices
5/3/1999
Engrossed



BACKGROUND AND PURPOSE 

S.B. 1204 provides that a trespass on an individual's land occurs when
another individual erects or places an outdoor structure, like a billboard,
that is designed, intended, or used to advertise or inform on the premises
without the landowner's permission, or, after the expiration or termination
of an agreement with the owner for the erection, placement, or maintenance
of a sign on the premises and before the expiration of the 30-day period
after the other individual receives written notice to remove the sign,
fails to remove or abandon the sign or fails to obtain from the landowner
permission for the continued use or maintenance of the sign. 

Although the landowner is entitled to damages equal to payments received by
or accruing to the sign's owner from the rental, sale, lease, or other use
of the sign during the period after the expiration of the 30 day-period and
before the sign is removed or permission for the continued use or
maintenance of the sign is obtained, the landowner is prohibited from
recovering damages unless the owner sends the written demand stating the
act that constitutes trespass and the location of the sign, and unless the
sign's owner fails to remove the sign or obtain permission from the owner
for the continued use or maintenance of the sign before the 30th day after
the written demand was received. 
 
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 80.002 and 80.003, Civil Practice and Remedies
Code, as follows: 

Sec. 80.002.  TRESPASS.  Deletes the maintenance of a sign on the premises
without permission of the owner of the premises (owner) as an occurrence of
trespass, but provides that, after the expiration or termination of an
agreement with the owner for the erection, placement, or maintenance of a
sign on the premises and before the expiration of a 30-day period after the
sign's owner receives written notice to remove the sign, the sign's owner
trespasses on the land by failing to remove or abandon the sign or by
failing to obtain from the owner permission for the continued use or
maintenance of the sign.  Makes a nonsubstantive change and conforming
changes. 

Sec. 80.003.  DAMAGES.  Entitles an owner to damages equal to payments,
rather than all payments and benefits, received by or accruing, rather than
owing, to the owner of a sign from the rental, sale, lease, or other use of
the sign during the period after the expiration of the 30 day-period and
before the sign is removed or permission for the continued use or
maintenance of the sign is obtained.  Prohibits an owner from recovering
damages for trespass unless the owner sends a written demand that states
the act that constitutes trespass and the location of the sign, and unless
the sign's owner fails to remove the sign or obtain permission from the
owner for the continued use or maintenance of the sign before the 30th day
after the written demand was received. 

SECTION 2.  (a) Effective date: September 1, 1999.

 (b) Provides that the change in law made by this Act applies to a trespass
regardless of whether the agreement concerning the erection, placement, or
maintenance of the sign expired before, on, or after the effective date of
this Act. 

SECTION 3.Emergency clause.