79(R) HB 600 - Engrossed version


                                                                                
79R8366 JRJ-D


By:  Eissler, Riddle                                              H.B. No. 600



A BILL TO BE ENTITLED

AN ACT

relating to erecting certain signs on certain rights-of-way; 
providing penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 392.032(a), Transportation Code, is 
amended to read as follows:
	(a)  A person may not place, allow the placement of, or 
commission the placement of [or maintain] a sign on a state highway 
right-of-way unless the placement of the sign is authorized by 
state law.
	SECTION 2.  Section 392.0325, Transportation Code, is 
amended by adding Subsections (c) and (d) to read as follows:
	(c)  This subchapter does not apply to a temporary 
directional sign or kiosk erected by a political subdivision as 
part of a program approved by the department and administered by the 
political subdivision on a highway within the boundaries of the 
political subdivision.
	(d)  This subchapter does not apply to a sign placed in the 
right-of-way by a public utility or its contractor for purposes of 
the utility.
	SECTION 3.  Subchapter B, Chapter 392, Transportation Code, 
is amended by adding Section 392.0355 to read as follows:
	Sec. 392.0355.  CIVIL PENALTY.  (a) In addition to being 
subject to a criminal penalty, a person who intentionally violates 
this subchapter is liable 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.
	(b)  The amount of the civil penalty is not less than $500 or 
more than $1,000 for each violation, depending on the seriousness 
of the violation and whether the person has previously violated 
this chapter.  A separate penalty may be collected for each day a 
continuing violation occurs.
	(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 4.  Section 393.002, Transportation Code, is amended 
to read as follows:
	Sec. 393.002.  SIGN PLACEMENT PROHIBITED.  Except as 
provided by Section 393.0025 and 393.0026, a person may not place or 
commission the placement of a sign on the right-of-way of a public 
road unless the placement of the sign is authorized by state law.
	SECTION 5.  Section 393.0025(a), Transportation Code, is 
amended to read as follows:
	(a)  A person may not place, allow the placement of, or 
commission the placement of a sign on the right-of-way of a road or 
highway maintained by a municipality unless the placement is 
authorized by the municipality.
	SECTION 6.  Chapter 393, Transportation Code, is amended by 
adding Section 393.0026 to read as follows:
	Sec. 393.0026.  EXCEPTION.  (a)  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 department and 
administered by the political subdivision on a highway within the 
boundaries of the political subdivision.
	(b)  This chapter does not apply to a sign placed in the 
right-of-way by a public utility or its contractor for purposes of 
the utility.
	SECTION 7.  Section 393.003(a), Transportation Code, is 
amended to read as follows:
	(a)  A sheriff, [or] constable, or other trained volunteer 
authorized by the commissioners court of a county may confiscate a 
sign placed in violation of Section 393.002.
	SECTION 8.  Section 393.004, Transportation Code, is amended 
by adding Subsection (d) to read as follows:
	(d)  The sheriff, constable, or other trained volunteer 
authorized by the commissioners court may discard a sign of less 
than $25 in value without giving the notice required by Section 
393.003.
	SECTION 9.  Section 393.005(a), Transportation Code, is 
amended to read as follows:
	(a)  A person commits an offense if the person places or 
commissions the placement of a sign in violation of this chapter
[Section 393.002].
	SECTION 10.  Chapter 393, Transportation Code, is amended by 
adding Section 393.007 to read as follows:
	Sec. 393.007.  CIVIL PENALTY.  (a) In addition to being 
subject to a criminal penalty, a person who intentionally violates 
this subchapter is liable to the municipality for a civil penalty.  
A district or county attorney or a municipal attorney in the 
jurisdiction in which the violation is alleged to have occurred may 
sue to collect the penalty.
	(b)  The amount of the civil penalty is not less than $500 or 
more than $1,000 for each violation, depending on the seriousness 
of the violation and whether the person has previously violated 
this chapter.  A separate penalty may be collected for each day a 
continuing violation occurs.
	(c)  A penalty collected under this section shall be 
deposited to the credit of the general fund of the municipality in 
which the violation occurred if collected by a municipal attorney, 
or 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 11.  Section 26.045, Government Code, is amended by 
amending Subsection (c) and adding Subsection (f) to read as 
follows:
	(c)  Except as provided by Subsections [Subsection] (d) and 
(f), a county court that is in a county with a criminal district 
court does not have any criminal jurisdiction.
	(f)  A county court has concurrent jurisdiction with a 
municipal court in cases that arise in the municipality's 
extraterritorial jurisdiction and that arise under an ordinance of 
the municipality applicable to the extraterritorial jurisdiction 
under Section 216.902, Local Government Code.
	SECTION 12.  Section 27.031, Government Code, is amended by 
adding Subsection (c) to read as follows:
	(c)  A justice court has concurrent jurisdiction with a 
municipal court in cases that arise in the municipality's 
extraterritorial jurisdiction and that arise under an ordinance of 
the municipality applicable to the extraterritorial jurisdiction 
under Section 216.902, Local Government Code.
	SECTION 13.  Article 4.11, Code of Criminal Procedure, is 
amended by adding Subsection (c) to read as follows:
	(c)  A justice court has concurrent jurisdiction with a 
municipal court in criminal cases that arise in the municipality's 
extraterritorial jurisdiction and that arise under an ordinance of 
the municipality applicable to the extraterritorial jurisdiction 
under Section 216.902, Local Government Code.
	SECTION 14.  (a)  The changes in law made to Sections 
392.032, 393.002, 393.0025, 393.0026, and 393.005, Transportation 
Code, by this Act apply 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 15.  This Act takes effect September 1, 2005.