SRC-AXB S.B. 1204 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1204
By: Cain
State Affairs
6/28/1999
Enrolled


DIGEST 

Currently, laws regulating trespassing regarding billboards are unclear on
the issue of a new landowner of the property on which the billboard exists.
For example, when the property on which the billboard sits has changed
hands and the new owner is not being paid, the law is retroactive to when
the billboard was originally maintained.  Additionally, a situation can
arise wherein a new landowner may wait several years before demanding
payment from the billboard owner.  S.B. 1204 clarifies the notification
responsibilities by reestablishing official trespassing descriptions
regarding outdoor sign premises, and creates justification for recovery of
damages for trespassing. 

PURPOSE

As enrolled, S.B. 1204 reestablishes official trespassing descriptions
regarding outdoor sign premises, and creates justification for recovery of
damages for trespassing. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 80.002 and 80.003, Civil Practice and Remedies
Code, to redescribe "trespass," and entitles an owner to payments, rather
than all payments and benefits, received by or accruing, rather than owing,
the owner of a sign, after a certain deadline.  Sets forth conditions for
recovery of damages, and prohibits unauthorized damage recovery. 

SECTION 2.Effective date:  September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.  Emergency clause.