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79R8365 JRJ-D


By:  Eissler                                                      H.B. No. 599

Substitute the following for H.B. No. 599:                                    

By:  Casteel                                                  C.S.H.B. No. 599



A BILL TO BE ENTITLED

AN ACT

relating to erecting certain outdoor signs; creating an offense; 
providing penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 394.003, Transportation Code, is amended 
by adding Subsection (d) to read as follows:
	(d)  This chapter does not apply to a temporary directional 
sign or kiosk erected by a political subdivision as part of a 
program approved by the commission and administered by the 
political subdivision on a highway within the boundaries of the 
political subdivision.
	SECTION 2.  The heading to Section 394.021, Transportation 
Code, is amended to read as follows:
	Sec. 394.021.  ERECTING OFF-PREMISE SIGN WITHOUT PERMIT; 
OFFENSE.
	SECTION 3.  Section 394.021, Transportation Code, is amended 
by amending Subsection (a) and adding Subsections (c), (d), and (e) 
to read as follows:
	(a)  A person commits an offense if the person erects [may 
not erect] an off-premise sign unless the person first obtains a 
permit under this subchapter from the commission.
	(c)  A person commits an offense if the person:                         
			(1)  allows an off-premise sign to be erected on 
property owned by the person; and
			(2)  knows or should have known that the sign was 
erected in violation of this chapter.
	(d)  An offense under this section is a misdemeanor 
punishable by a fine of not less than $500 or more than $1,000.  Each 
day of the proscribed conduct is a separate offense.
	(e)  It is a defense to prosecution for an offense under this 
chapter that the person removed the unauthorized sign not later 
than the 45th day after the date the person received a citation for 
the offense.  If the court is satisfied with the evidence produced 
by the person to establish a defense under this subsection, the 
court shall dismiss the charge.
	SECTION 4.  Section 394.081, Transportation Code, is amended 
by amending Subsections (a) and (c) and adding Subsection (d) to 
read as follows:
	(a)  In addition to being subject to a criminal penalty or 
injunctive action, a [A] person who intentionally violates this 
chapter or a rule adopted by the commission under this chapter is 
liable [to the state] for a civil penalty of not less than $150 or 
more than $1,000 for each violation, depending on the seriousness 
of the violation and whether the person has previously violated 
this chapter.  Each day a violation continues is a separate 
violation.
	(c)  A civil 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 if collected by a district or county attorney.
	(d)  Before a suit may be brought for a violation of this 
chapter, the attorney general or the district or county attorney 
for the county in which the violation is alleged to have occurred 
shall give the person charged with the violation a written notice 
that:
		(1)  describes the violation and specific location of 
the sign found to be in violation;
		(2)  states the amount of the proposed penalty for the 
violation; and
		(3)  gives the owner 45 days from receipt of the notice 
to remove the sign and cure the violation to avoid the penalty 
unless the person was given notice and opportunity to cure a similar 
violation within the preceding 12 months.
	SECTION 5.  Subchapter E, Chapter 394, Transportation Code, 
is amended by adding Section 394.087 to read as follows:
	Sec. 394.087.  INJUNCTION.  (a)  A sign that is erected in 
violation of this chapter is a public nuisance.
	(b)  On written notice by certified mail from the department, 
an owner of a sign that is a public nuisance under Subsection (a), 
or the owner of the property on which the sign is located, shall 
remove the sign.  If the sign is not removed within 45 days of the 
date of the notice, the department may direct the attorney general 
to apply for an injunction to require the removal of the sign.
	(c)  The state is entitled to recover from the owner of a 
sign, or the owner of the property from which a sign is removed, 
under an action brought under Subsection (b) all administrative and 
legal costs and expenses incurred to remove the sign, including 
court costs and reasonable attorney's fees.
	SECTION 6.  This Act takes effect September 1, 2005.