SRC-TJG, VRA H.B. 1873 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1873
78R12756 MTB-DBy: Riddle (Lindsay)
Intergovernmental Relations
5/18/2003
Engrossed


DIGEST AND PURPOSE 

Under current law, should a sign be placed on the right-of-way of a public
road, law enforcement officers have the ability to fine the individual who
placed the signs improperly.  The burden for enforcement is placed upon
law enforcement as they must catch someone in the act of placing these
signs illegally.  They also are responsible for using their manpower and
equipment to remove the signs.  H.B. 1873 amends Sections 393.002 and
393.0025, Transportation Code, to grant law enforcement a stronger tool in
dealing with illegally placed signs by allowing them to fine the
individual, partnership, corporation, or other legal entity that
compensates someone to place the signs or is advertised on the sign
itself. 


RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 393.002, Transportation Code, as follows:
 
 (a) Subsection created from existing text.
 
(b)  Provides that an individual, partnership, corporation, or other legal
entity  that compensates a person, including an employee, for placing a
commercial sign on the rightof-way of a public road in violation of this
section is considered to have placed the sign in violation of this section
and may be prosecuted under Section 393.005. 
 
(c)  Provides that an individual, partnership, corporation, or other legal
entity that is advertised on a commercial sign placed on the right-of-way
of a public road in violation of this section is considered to have placed
the sign in violation of this section and may be prosecuted under Section
393.005. 
 
SECTION 2.  Amends Section 393.0025, Transportation Code, by adding
Subsections (c) and (d), as follows: 
 
(c)  Provides that an individual, partnership, corporation, or other legal
entity  that compensates a person, including an employee, for placing a
commercial sign on the rightof-way of a road or highway maintained by a
municipality in violation of this section is considered to have placed the
sign in violation of this section and may be prosecuted under Section
393.005. 
 
(d)  Provides that an individual, partnership, corporation, or other legal
entity  that is advertised on a commercial sign placed on the right-of-way
of a road or highway maintained by a municipality in violation of this
section is considered to have placed the sign in violation of this section
and may be prosecuted under Section 393.005. 
 
SECTION 3.  Amends Section 393.005(a), Transportation Code, to provide
that a person commits an offense if the person violates Section 393.002 or
393.0025. 
  
SECTION 4.  Makes application of this Act prospective.
 
SECTION 5.  Effective date:  September 1, 2003.