SRC-AXB, JBJ S.B. 1220 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1220
By: Moncrief
State Affairs
6/30/1999
Enrolled


DIGEST 

Currently, the Federal Highway Beautification Act of 1965 controls the
placement of billboards and requires the screening of junkyards along
interstate and federal primary highways.  If a state fails to maintain
"effective control" according to the federal statute, the state may be
penalized up to 10 percent of the annual federal highway apportionment.
Texas complies with the law through the Texas Highway Beautification Act,
adopted in 1972, currently codified under Chapter 391, Transportation Code,
and enforced by Texas Department of Transportation (TxDOT).  However, TxDOT
does not have the authority to impose civil penalties for violations
relating to improper outdoor advertising or lack of screening for
junkyards.  The only penalty available is a criminal penalty.  S.B. 1220
expands certain penalty provisions within the chapter and provide TxDOT
with more authority and greater flexibility to enforce the provisions, and
creates an exception. 

PURPOSE

As enrolled, S.B. 1220 expands certain penalty provisions within Chapter
391, Transportation Code, and permits more authority for the Texas
Department of Transportation to enforce the provisions, and creates an
exception. 

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 Section 391.035, Transportation Code, as follows:

Sec.  391.035.  New heading:  CIVIL PENALTY.  Provides that a person who
intentionally violates Subchapter C is liable for a civil penalty. 

SECTION 2.  Amends Chapter 391E, Transportation Code, by adding Sections
391.125-391.127, as follows: 

Sec. 391.125.  INJUNCTION TO REQUIRE SCREENING.  Requires an owner of
certain junkyards to screen their junkyards in accordance with Section
391.121, upon notice from the Texas Department of Transportation (TxDOT).
Authorizes TxDOT to request for the attorney general to apply for an
injunction to require the owner to screen the junkyard. Entitles the state
to recover from an errant owner certain costs and expenses incurred from
requiring the junkyard to screen itself.   

Sec. 391.126.  CIVIL PENALTY.  Makes a person who intentionally violates
this subchapter to be liable to a civil penalty in addition to a criminal
penalty or an injunctive action. Authorizes the attorney general to sue to
collect the penalty.  Sets forth penalty amounts.  

Sec. 391.127.  SALVAGE VEHICLE DEALER LICENSE.  Authorizes the Texas
Transportation Commission to revoke or suspend a salvage dealer's license
for a junkyard screening violation. 

SECTION 3.  Amends Chapter 392B, Transportation Code, by adding Section
392.0325, as follows: 
 
Sec.  392.0325.  EXCEPTION.  Authorizes a person to submit a request for an
exception to this subchapter for a certain sign referring to a commercial
activity or business, under certain conditions.  Requires TxDOT to approve
a request submitted if TxDOT makes certain determinations about the sign
and obtains the approval of the Federal Highway Administration, if
required. 

SECTION 4.Emergency clause.
  Effective date:  upon passage.