By Cain                                               S.B. No. 1204
         76R7134 MI-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the elements of and damages for trespass relating to
 1-3     billboards or other outdoor advertising.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 80.002 and 80.003, Civil Practice and
 1-6     Remedies Code, are amended to read as follows:
 1-7           Sec. 80.002.  TRESPASS.  A trespass occurs when an
 1-8     individual:
 1-9                 (1)  erects or [,] places[, or maintains] a sign on
1-10     premises without the permission of the owner of the premises; or
1-11                 (2)  after the expiration or termination of an
1-12     agreement with the owner of the premises for the erection,
1-13     placement, or maintenance of a sign  on the premises and before the
1-14     expiration of the period described by Section 80.003(b)(2), fails
1-15     to remove or abandons a sign or fails to obtain from the owner  of
1-16     the premises permission for the continued use or maintenance of the
1-17     sign on the premises [on the expiration or termination of an
1-18     agreement with the owner of the premises for the erection,
1-19     placement, or  maintenance of a sign on the premises].
1-20           Sec. 80.003.  DAMAGES.  (a)  The owner of the premises is
1-21     entitled to recover damages equal to the amount of [all] payments
1-22     [and benefits]  received by or accruing [owing] to the owner of the
1-23     sign from the rental, sale, lease, or other use of the sign during
1-24     the period after the expiration of the 30th day after the date on
 2-1     which the written notice required by Subsection (b)(1) is received
 2-2     and before the date on which the sign is removed or permission for
 2-3     the continued use or maintenance of the sign is obtained [of the
 2-4     trespass].
 2-5           (b)  The owner of the premises may not recover damages for
 2-6     trespass under this section unless:
 2-7                 (1)  the owner of the premises  sends, by certified
 2-8     mail, return receipt requested, to the owner of the sign written
 2-9     demand for removal of the sign, stating in detail the act
2-10     constituting the trespass and the location where the sign has been
2-11     erected, placed, or maintained; and
2-12                 (2)  the owner of the sign fails to remove the sign or
2-13     obtain permission from the owner of the premises for the continued
2-14     use or maintenance of the sign before the 30th day after the date
2-15     on which the notice described by Subdivision (1) was received.
2-16           SECTION 2.  (a)  This Act takes effect September 1, 1999.
2-17           (b)  The change in law made by this Act applies to a trespass
2-18     regardless of whether the agreement concerning the erection,
2-19     placement, or maintenance of the sign expired before, on, or after
2-20     the effective date of this Act.
2-21           SECTION 3.  The importance of this legislation and the
2-22     crowded condition of the calendars in both houses create an
2-23     emergency and an imperative public necessity that the
2-24     constitutional rule requiring bills to be read on three several
2-25     days in each house be suspended, and this rule is hereby suspended.