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79R2326 JRJ-D

By:  Eissler                                                      H.B. No. 599



A BILL TO BE ENTITLED

AN ACT

relating to erecting or maintaining certain outdoor signs; creating 
an offense; providing penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  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 2.  Section 394.021, Transportation Code, is amended 
by amending Subsection (a) and adding Subsections (c) and (d) to 
read as follows:
	(a)  A person commits an offense if the person erects or 
maintains [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 a sign to be erected or maintained on 
property owned by the person; and
			(2)  knows or should have known that the sign was 
erected or maintained 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.
	SECTION 3.  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 or 
maintained 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:
		(1)  prohibit the owner from maintaining the sign; and                 
		(2)  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 4.  This Act takes effect September 1, 2005.