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.