79(R) HB 600 - Introduced version


                                                                                

79R2327 JRJ-D

By:  Eissler                                                      H.B. No. 600



A BILL TO BE ENTITLED

AN ACT

relating to erecting or maintaining 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, [or] maintain, allow the 
placement or maintenance on property owned by the person, or 
commission the placement or maintenance of a sign on a state highway 
right-of-way unless the placement or maintenance of the sign is
authorized by state law.
	SECTION 2.  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 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.
	(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.  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.
	SECTION 3.  Section 393.002, Transportation Code, is amended 
to read as follows:
	Sec. 393.002.  SIGN PLACEMENT PROHIBITED.  Except as 
provided by Section 393.0025, a person may not place, maintain, or 
commission the placement or maintenance of a sign on the 
right-of-way of a public road unless the placement or maintenance
is authorized by state law.
	SECTION 4.  Section 393.0025(a), Transportation Code, is 
amended to read as follows:
	(a)  A person may not place, maintain, or commission the 
placement or maintenance of a sign on the right-of-way of a road or 
highway maintained by a municipality unless the placement or 
maintenance is authorized by the municipality.
	SECTION 5.  Section 393.005(a), Transportation Code, is 
amended to read as follows:
	(a)  A person commits an offense if the person places, 
maintains, or commissions the placement or maintenance of a sign in 
violation of this chapter [Section 393.002].
	SECTION 6.  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 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.
	(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.  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.
	SECTION 7.  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 8.  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 9.  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 10.  (a)  The changes in law made to Sections 
392.032, 393.002, 393.0025, 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 11.  This Act takes effect September 1, 2005.