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.