BILL ANALYSIS
Senate Research Center C.S.H.B. 412
80R19289 JRJ-D By: Eissler, Strama (Carona)
Transportation & Homeland Security
Committee Report (Substituted)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The Texas Department of Transportation is responsible for regulating outdoor off-premise advertising that is visible from the roadway. A permit is required for such a sign but the reality is that many signs are erected without permits. The lack of adequate provisions in law has resulted in ineffective enforcement of these laws and has led to diminished quality of life in communities, visual blight, and negative impacts on regional economic development efforts.
C.S.H.B. 412 provides additional enforcement tools for illegal off-premise signs visible along certain Texas roads.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 391.031(a), Transportation Code, to provide that a person commits an offense if the person allows outdoor advertising to be erected or maintained on property owned by the person in certain locations.
SECTION 2. Amends the heading to Section 391.034, Transportation Code, to read as follows:
Sec. 391.034. NUISANCE OUTDOOR ADVERTISING; INJUNCTION.
SECTION 3. Amends Sections 391.035(a) and (c), Transportation Code, as follows:
(a) Provides that, in lieu of being subject to a criminal penalty, a person who intentionally violates this subchapter (Regulation of Outdoor Advertising Generally) or Subchapter C (License and Permit for Outdoor Advertising) may be, rather than is, liable to the state for a civil penalty. Authorizes the attorney general or a district or county attorney of the county in which the violation is alleged to have occurred to sue to collect the penalty.
(c) Requires a penalty collected under this section (Civil Penalty) to 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. Amends Section 394.003, Transportation Code, by adding Subsection (d), to provide that this chapter (Regulation of Outdoor Signs on Rural Roads) does not apply to a temporary directional sign or kiosk erected by a political subdivision as part of a program approved by TxDOT and administered by the political subdivision on a highway within the boundaries of the political subdivision.
SECTION 5. Amends the heading to Section 394.021, Transportation Code, to read as follows:
Sec. 394.021. ERECTING OFF-PREMISE SIGN WITHOUT PERMIT; OFFENSE.
SECTION 6. Amends Section 394.021, Transportation Code, by amending Subsection (a) and adding Subsections (c), (d), and (e), as follows:
(a) Provides that a person commits an offense if the person erects an off-premise sign unless the person first obtains a permit under this subchapter from TTC.
(c) Provides that a person commits an offense if the person allows an off-premise sign to be erected on property owned by the person and knows or should have known that the sign was erected in violation of this chapter.
(d) Provides that an offense under this section is a misdemeanor punishable by a fine of not less than $500 or more than $1,000, and that each day of the proscribed conduct is a separate offense.
(e) Provide a defense to prosecution for an offense under this chapter if the person removed the unauthorized sign within a certain timeframe. Requires the court to dismiss the charge if the court is satisfied with the evidence produced by the person to establish a defense under this subsection.
SECTION 7. Amends Section 394.081, Transportation Code, by amending Subsections (a) and (c) and adding Subsection (d), as follows:
(a) and (c) Makes conforming changes.
(d) Requires the attorney general or the district or county attorney for the county in which the violation is alleged, before a suit may be brought against a property owner for a violation of Section 394.021(c), to give the person charged with the violation a written notice that describes the violation and specific location of the sign found to be in violation; states the amount of the proposed penalty for the violation; and gives the owner 45 days from receipt of the notice to remove the sign unless the person was found guilty or liable by a court for violating this chapter within the preceding six months.
SECTION 8. Amends Subchapter E, Chapter 394, Transportation Code, by adding Section 394.087, as follows:
Sec. 394.087. INJUNCTION. (a) Provides that a sign that is erected in violation of this chapter is a public nuisance.
(b) Requires an owner of a sign that is a public nuisance, or the owner of the property on which the sign is located, to remove the sign on written notification by certified mail from TxDOT or the county. Authorizes TxDOT to direct the attorney general to apply for an injunction if the sign is not removed within 45 days.
(c) Entitles the state or the county to recover from the owner of a sign, or the owner of the property form 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 9. Makes application of this Act prospective.
SECTION 10. Effective date: September 1, 2007.