Amend CSHB 599 as follows:
(1) On page 1, between lines 4 and 5, insert the following appropriately numbered sections and renumber the remaining
sections of the bill appropriately:
SECTION ___. Section 391.031(a), Transportation Code, is
amended to read as follows:
(a) A person commits an offense if the person [wilfully]
erects or maintains outdoor advertising, or allows outdoor
advertising to be erected or maintained on property owned by the
person:
(1) within 660 feet of the nearest edge of a
right–of–way if the advertising is visible from the main-traveled
way of the interstate or primary system; or
(2) outside an urban area if the advertising is
located more than 660 feet from the nearest edge of a right–of–way,
is visible from the main-traveled way of the interstate or primary
system, and is erected for the purpose of having its message seen
from the main-traveled way of the interstate or primary system.
SECTION ___. The heading to Section 391.034, Transportation
Code, is amended to read as follows:
Sec. 391.034. [REMOVAL OF] NUISANCE OUTDOOR ADVERTISING;
INJUNCTION [BY COMMISSION].
SECTION ___. Sections 391.035(a) and (c), Transportation
Code, are amended to read as follows:
(a) In addition to being subject to a criminal penalty or
injunctive action, a person who intentionally violates this
subchapter or Subchapter C is liable to the state for a civil
penalty. The attorney general or a district or county attorney of
the county in which the violation is alleged to have occurred may
sue to collect the penalty.
(c) A penalty collected under this section shall be
deposited to the credit of the state highway fund if collected by
the attorney general, and to the credit of the county road and
bridge fund of the county in which the violation occurred if
collected by a district or county attorney.
SECTION ___. Subchapter B, Chapter 391, Transportation
Code, is amended by adding Sections 391.038 and 391.039 to read as
follows:
Sec. 391.038. ADMINISTRATIVE PENALTY. (a) In lieu of a
suit to collect a civil penalty, the commission, after notice and an
opportunity for a hearing before the department, may impose an
administrative penalty against a person who intentionally violates
this chapter or a rule adopted by the commission under this chapter.
Each day a violation continues is a separate violation.
(b) The amount of the administrative penalty may not exceed
the maximum amount of a civil penalty under Section 391.035.
(c) A proceeding under this section is a contested case
under Chapter 2001, Government Code.
(d) An administrative penalty collected under this section
shall be deposited to the credit of the state highway fund.
Sec. 391.039. REVOCATION OF PERMIT IN ADDITION TO OTHER
PENALTY. (a) A court shall order the revocation of the permit
issued under Section 391.068 that a person holds for a location at
which a violation under this chapter occurs if it is shown at the
trial of the person for the collection of a civil penalty under
Section 391.035 or at an appeal of an administrative penalty under
Section 391.038 that a judgment for a civil penalty, the imposition
of an administrative penalty, or a final order for an
administrative penalty that was not timely appealed was previously
imposed under this chapter against the person.
(b) The revocation of a permit under this section is in
addition to any other penalty that may be imposed under this
chapter.
(2) On page 3, following line 27, add the following
appropriately numbered section and renumber the remaining sections
appropriately:
SECTION ___. (a) The change in law made by this Act to
Section 391.031, Transportation Code, 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.