By Lucio S.B. No. 1511 77R3168 DWS-D 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. 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 2-1 person in the business of dismantling or otherwise processing 2-2 materials so that the materials or components of the materials may 2-3 be reused. 2-4 (b) Except as provided by Subsection (c): 2-5 (1) a person may not sell a traffic-control device or 2-6 railroad sign or signal to a recycler; and 2-7 (2) a recycler may not recycle all or part of the 2-8 material in a traffic-control device or railroad sign or signal. 2-9 (c) This section does not apply to a traffic-control device 2-10 or railroad sign or signal sold or recycled by a governmental 2-11 entity as permitted by law. 2-12 SECTION 3. (a) The change in law made by this Act applies 2-13 only to an offense committed on or after the effective date of this 2-14 Act. For the purposes of this section, an offense is committed 2-15 before the effective date of this Act if any element of the offense 2-16 occurs before that date. 2-17 (b) An offense committed before the effective date of this 2-18 Act is governed by the law in effect when the offense was 2-19 committed, and the former law is continued in effect for that 2-20 purpose. 2-21 SECTION 4. This Act takes effect September 1, 2001.