AN ACT
 1-1     relating to the elements of and damages for trespass relating to
 1-2     billboards or other outdoor advertising.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Sections 80.002 and 80.003, Civil Practice and
 1-5     Remedies Code, are amended to read as follows:
 1-6           Sec. 80.002.  TRESPASS.  A trespass occurs when an
 1-7     individual:
 1-8                 (1)  erects or[,] places[, or maintains] a sign on
 1-9     premises without the permission of the owner of the premises; or
1-10                 (2)  after the expiration or termination of an
1-11     agreement with the owner of the premises for the erection,
1-12     placement, or maintenance of a sign on the premises and before the
1-13     expiration of the period described by Section 80.003(b)(2), fails
1-14     to remove or abandons a sign or fails to obtain from the owner of
1-15     the premises permission for the continued use [on the expiration or
1-16     termination of an agreement with the owner of the premises for the
1-17     erection, placement,] or maintenance of the [a] sign on the
1-18     premises.
1-19           Sec. 80.003.  DAMAGES.  (a)  The owner of the premises is
1-20     entitled to recover damages equal to the amount of [all] payments
1-21     [and benefits] received by or accruing [owing] to the owner of the
1-22     sign from the rental, sale, lease, or other use of the sign during
1-23     the period after the expiration of the 30th day after the date on
1-24     which the written notice required by Subsection (b)(1) is received
 2-1     and before the date on which the sign is removed or permission for
 2-2     the continued use or maintenance of the sign is obtained.
 2-3           (b)  The owner of the premises may not recover damages for
 2-4     trespass under this section unless:
 2-5                 (1)  the owner of the premises sends, by certified
 2-6     mail, return receipt requested, to the owner of the sign written
 2-7     demand for removal of the sign, stating in detail the act
 2-8     constituting the trespass and the location where the sign has been
 2-9     erected, placed, or maintained; and
2-10                 (2)  the owner of the sign fails to remove the sign or
2-11     obtain permission from the owner of the premises for the continued
2-12     use or maintenance of the sign before the 30th day after the date
2-13     on which the notice described by Subdivision (1) was received [of
2-14     the trespass].
2-15           SECTION 2.  (a)  This Act takes effect September 1, 1999.
2-16           (b)  The change in law made by this Act applies to a trespass
2-17     regardless of whether the agreement concerning the erection,
2-18     placement, or maintenance of the sign expired before, on, or after
2-19     the effective date of this Act.
2-20           SECTION 3.  The importance of this legislation and the
2-21     crowded condition of the calendars in both houses create an
2-22     emergency and an imperative public necessity that the
2-23     constitutional rule requiring bills to be read on three several
2-24     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 1204 passed the Senate on
         April 28, 1999, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 1204 passed the House on
         May 22, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor