By: Cain S.B. No. 1204
A BILL TO BE ENTITLED
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.