1-1 By: Cain S.B. No. 1204
1-2 (In the Senate - Filed March 11, 1999; March 11, 1999, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 23, 1999, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; April 23, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the elements of and damages for trespass relating to
1-9 billboards or other outdoor advertising.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Sections 80.002 and 80.003, Civil Practice and
1-12 Remedies Code, are amended to read as follows:
1-13 Sec. 80.002. TRESPASS. A trespass occurs when an
1-14 individual:
1-15 (1) erects or[,] places[, or maintains] a sign on
1-16 premises without the permission of the owner of the premises; or
1-17 (2) after 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 and before the
1-20 expiration of the period described by Section 80.003(b)(2), fails
1-21 to remove or abandons a sign or fails to obtain from the owner of
1-22 the premises permission for the continued use [on the expiration or
1-23 termination of an agreement with the owner of the premises for the
1-24 erection, placement,] or maintenance of the [a] sign on the
1-25 premises.
1-26 Sec. 80.003. DAMAGES. (a) The owner of the premises is
1-27 entitled to recover damages equal to the amount of [all] payments
1-28 [and benefits] received by or accruing [owing] to the owner of the
1-29 sign from the rental, sale, lease, or other use of the sign during
1-30 the period after the expiration of the 30th day after the date on
1-31 which the written notice required by Subsection (b)(1) is received
1-32 and before the date on which the sign is removed or permission for
1-33 the continued use or maintenance of the sign is obtained.
1-34 (b) The owner of the premises may not recover damages for
1-35 trespass under this section unless:
1-36 (1) the owner of the premises sends, by certified
1-37 mail, return receipt requested, to the owner of the sign written
1-38 demand for removal of the sign, stating in detail the act
1-39 constituting the trespass and the location where the sign has been
1-40 erected, placed, or maintained; and
1-41 (2) the owner of the sign fails to remove the sign or
1-42 obtain permission from the owner of the premises for the continued
1-43 use or maintenance of the sign before the 30th day after the date
1-44 on which the notice described by Subdivision (1) was received [of
1-45 the trespass].
1-46 SECTION 2. (a) This Act takes effect September 1, 1999.
1-47 (b) The change in law made by this Act applies to a trespass
1-48 regardless of whether the agreement concerning the erection,
1-49 placement, or maintenance of the sign expired before, on, or after
1-50 the effective date of this Act.
1-51 SECTION 3. The importance of this legislation and the
1-52 crowded condition of the calendars in both houses create an
1-53 emergency and an imperative public necessity that the
1-54 constitutional rule requiring bills to be read on three several
1-55 days in each house be suspended, and this rule is hereby suspended.
1-56 * * * * *