79R2323 JRJ-D

By:  Eissler                                                      H.B. No. 601



A BILL TO BE ENTITLED

AN ACT

relating to erecting or maintaining outdoor advertising; providing 
penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  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 2.  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 3.  Section 391.035(a), Transportation Code, is 
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.
	SECTION 4.  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 commission, 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)  Judicial review of an appeal of an administrative 
penalty imposed under this section is by trial de novo.
	(e)  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.
	SECTION 5.  Subchapter C, Chapter 391, Transportation Code, 
is amended by adding Section 391.071 to read as follows:
	Sec. 391.071.  REVOCATION OF PERMIT; APPEAL.  (a)  The 
commission may revoke a permit if the permit holder violates this 
chapter or a rule adopted under this chapter.
	(b)  A person whose permit is revoked may appeal the 
revocation not later than the 15th day after the date of the 
revocation.
	SECTION 6.  (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.
	SECTION 7.  This Act takes effect September 1, 2005.