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79R4476 JTS-D


By:  Gattis                                                       H.B. No. 1345


A BILL TO BE ENTITLED
AN ACT
relating to the removal of a sign on a state highway right-of-way by a local law enforcement agency; authorizing a removal fee. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 392, Transportation Code, is amended by adding Section 392.039 to read as follows: Sec. 392.039. REMOVAL BY LOCAL LAW ENFORCEMENT AGENCY. (a) In this section, "local law enforcement agency" means: (1) the police department of a municipality; (2) the sheriff's office of a county; or (3) a constable's office of a county. (b) A local law enforcement agency, without prior notice to the owner of the sign, may remove a sign that is: (1) located in the jurisdiction of the local law enforcement agency; and (2) placed in violation of Section 392.032. (c) A local law enforcement agency that removes a sign under this section may impose and collect from the owner of the sign a removal fee of $25. A fee collected under this subsection shall be deposited in the municipal or county treasury, as appropriate. (d) A local law enforcement agency that removes a sign shall give notice to the owner of the sign as required of the department by Section 392.033(b) and may dispose of the sign as permitted by Section 392.033(c). SECTION 2. This Act takes effect September 1, 2005.