By:  Lucio                                            S.B. No. 1511
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to interference with or recycling of a traffic-control
 1-3     device or railroad sign or signal; providing penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 544.005, Transportation Code, is amended
 1-6     to read as follows:
 1-7           Sec. 544.005.  INTERFERENCE WITH TRAFFIC-CONTROL DEVICE OR
 1-8     RAILROAD SIGN OR SIGNAL.  (a)  A person may not, without lawful
 1-9     authority, alter, injure, knock down, or remove or attempt to
1-10     alter, injure, knock down, or remove:
1-11                 (1)  an official traffic-control device or railroad
1-12     sign or signal;
1-13                 (2)  an inscription, shield, or insignia on an official
1-14     traffic-control device or railroad sign or signal; or
1-15                 (3)  another part of an official traffic-control device
1-16     or railroad sign or signal.
1-17           (b)  If a person other than the person committing the offense
1-18     suffers property damage or bodily injury as a result of an offense
1-19     under Subsection (a), instead of the penalty provided by Section
1-20     542.401, the offense is a Class B misdemeanor.
1-21           SECTION 2.  Chapter 544, Transportation Code, is amended by
1-22     adding Section 544.0051 to read as follows:
1-23           Sec. 544.0051.  RECYCLING OF TRAFFIC-CONTROL DEVICE OR
1-24     RAILROAD SIGN OR SIGNAL.  (a)  In this section "recycler" means a
1-25     person in the business of dismantling or otherwise processing
 2-1     materials so that the materials or components of the materials may
 2-2     be reused.
 2-3           (b)  Except as provided by Subsection (c):
 2-4                 (1)  a person may not sell a traffic-control device or
 2-5     railroad sign or signal to a recycler; and
 2-6                 (2)  a recycler may not recycle all or part of the
 2-7     material in a traffic-control device or railroad sign or signal.
 2-8           (c)  This section does not apply to a traffic-control device
 2-9     or railroad sign or signal sold or recycled by a governmental
2-10     entity as permitted by law.
2-11           SECTION 3.  (a)  The change in law made by this Act applies
2-12     only to an offense committed on or after the effective date of this
2-13     Act.  For the purposes of this section, an offense is committed
2-14     before the effective date of this Act if any element of the offense
2-15     occurs before that date.
2-16           (b)  An offense committed before the effective date of this
2-17     Act is governed by the law in effect when the offense was
2-18     committed, and the former law is continued in effect for that
2-19     purpose.
2-20           SECTION 4.  This Act takes effect September 1, 2001.