78R12756 MTB-D


By:  Riddle                                                       H.B. No. 1873

Substitute the following for H.B. No. 1873:                                   

By:  Hamric                                                   C.S.H.B. No. 1873



A BILL TO BE ENTITLED

AN ACT

relating to the placement of signs on certain public rights-of-way.           
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 393.002, Transportation Code, is amended 
to read as follows:
	Sec. 393.002.  SIGN PLACEMENT PROHIBITED.  (a) Except as 
provided by Section 393.0025, a person may not place a sign on the 
right-of-way of a public road unless the placement is authorized by 
state law.
	(b)  An individual, partnership, corporation, or other legal 
entity  that compensates a person, including an employee, for 
placing a commercial sign 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.
	(c)  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.  Section 393.0025, Transportation Code, is 
amended by adding Subsections (c) and (d) to read as follows:
	(c)  An individual, partnership, corporation, or other legal 
entity  that compensates a person, including an employee, for 
placing a commercial sign 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.
	(d)  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.  Section 393.005(a), Transportation Code, is 
amended to read as follows:
	(a)  A person commits an offense if the person violates
[places a sign in violation of] Section 393.002 or 393.0025.
	SECTION 4.  (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act. For purposes of this section, an offense is committed before 
the effective date of this Act if any element of the offense occurs 
before that date.
	(b)  An offense committed before the effective date of this 
Act is covered by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 5.  This Act takes effect September 1, 2003.