AN ACT
1-1 relating to highway beautification; providing civil penalties.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 391.035, Transportation Code, is amended
1-4 to read as follows:
1-5 Sec. 391.035. [VIOLATION OF SUBCHAPTER;] CIVIL PENALTY.
1-6 (a) In addition to being subject to a criminal penalty or
1-7 injunctive action, a person who intentionally violates this
1-8 subchapter or Subchapter C is liable to the state for a civil
1-9 penalty. The attorney general may sue to collect the penalty.
1-10 (b) The amount of the civil penalty is not less than $500 or
1-11 more than $1,000 for each violation, depending on the seriousness
1-12 of the violation. A separate penalty may be collected for each day
1-13 a continuing violation occurs.
1-14 (c) A penalty collected under this section shall be
1-15 deposited to the credit of the state highway fund.
1-16 SECTION 2. Subchapter E, Chapter 391, Transportation Code,
1-17 is amended by adding Sections 391.125, 391.126, and 391.127 to read
1-18 as follows:
1-19 Sec. 391.125. INJUNCTION TO REQUIRE SCREENING. (a) On
1-20 written notice by certified mail from the department, an owner of a
1-21 junkyard that is established, operated, or maintained in violation
1-22 of this subchapter or a rule adopted under this subchapter shall
1-23 screen the junkyard in accordance with Section 391.121. If the
1-24 owner does not screen the junkyard within 45 days of the date of
2-1 the notice, the department may request the attorney general to
2-2 apply for an injunction to require the screening of the junkyard.
2-3 (b) Under an action brought under Subsection (a), the state
2-4 is entitled to recover from the owner of a junkyard all
2-5 administrative and legal costs and expenses incurred to require the
2-6 screening of the junkyard, including court costs and reasonable
2-7 attorney's fees.
2-8 Sec. 391.126. CIVIL PENALTY. (a) In addition to being
2-9 subject to a criminal penalty or injunctive action, a person who
2-10 intentionally violates this subchapter is liable to the state for a
2-11 civil penalty. The attorney general may sue to collect the
2-12 penalty.
2-13 (b) The amount of a civil penalty under this section is not
2-14 less than $500 or more than $1,000 for each violation, depending on
2-15 the seriousness of the violation. A separate penalty may be
2-16 collected for each day a continuing violation occurs.
2-17 Sec. 391.127. SALVAGE VEHICLE DEALER LICENSE. The
2-18 commission may revoke or suspend a license issued under Article
2-19 6687-1a, Revised Statutes, or place on probation a license holder
2-20 whose license is suspended, if the license holder violates this
2-21 chapter or a rule adopted under this chapter.
2-22 SECTION 3. Subchapter B, Chapter 392, Transportation Code,
2-23 is amended by adding Section 392.0325 to read as follows:
2-24 Sec. 392.0325. EXCEPTION. (a) A person may submit a
2-25 request to the department for an exception to this subchapter for a
2-26 sign that is attached to a building located on property other than
3-1 a state highway right-of-way and that refers to a commercial
3-2 activity or business located in the building if the sign:
3-3 (1) consists solely of the name of the establishment;
3-4 (2) identifies the establishment's principal product
3-5 or services; or
3-6 (3) advertises the sale or lease of the property on
3-7 which the sign is located.
3-8 (b) The department shall approve a request submitted under
3-9 Subsection (a) if the department:
3-10 (1) determines that the sign will not constitute a
3-11 safety hazard;
3-12 (2) determines that the sign will not interfere with
3-13 the construction, reconstruction, operation, or maintenance of the
3-14 highway facility; and
3-15 (3) obtains the approval of the Federal Highway
3-16 Administration if approval is required under federal law.
3-17 SECTION 4. The importance of this legislation and the
3-18 crowded condition of the calendars in both houses create an
3-19 emergency and an imperative public necessity that the
3-20 constitutional rule requiring bills to be read on three several
3-21 days in each house be suspended, and this rule is hereby suspended,
3-22 and that this Act take effect and be in force from and after its
3-23 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1220 passed the Senate on
May 7, 1999, by the following vote: Yeas 30, Nays 0; and that the
Senate concurred in House amendment on May 28, 1999, by the
following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1220 passed the House, with
amendment, on May 22, 1999, by the following vote: Yeas 143,
Nays 1, two present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor