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AN ACT
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relating to erecting or maintaining certain outdoor signs or |
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advertising; creating an offense; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 391.031(a), Transportation Code, is |
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amended to read as follows: |
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(a) A person commits an offense if the person [wilfully] |
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erects or maintains outdoor advertising, or allows outdoor |
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advertising to be erected or maintained on property owned by the |
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person: |
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(1) within 660 feet of the nearest edge of a |
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right-of-way if the advertising is visible from the main-traveled |
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way of the interstate or primary system; or |
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(2) outside an urban area if the advertising is |
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located more than 660 feet from the nearest edge of a right-of-way, |
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is visible from the main-traveled way of the interstate or primary |
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system, and is erected for the purpose of having its message seen |
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from the main-traveled way of the interstate or primary system. |
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SECTION 2. The heading to Section 391.034, Transportation |
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Code, is amended to read as follows: |
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Sec. 391.034. [REMOVAL OF] NUISANCE OUTDOOR ADVERTISING; |
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INJUNCTION [BY COMMISSION]. |
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SECTION 3. Sections 391.035(a) and (c), Transportation |
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Code, are amended to read as follows: |
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(a) In lieu of [addition to] being subject to a criminal |
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penalty [or injunctive action], a person who intentionally violates |
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this subchapter or Subchapter C may be [is] liable to the state for |
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a civil penalty. The attorney general or a district or county |
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attorney of the county in which the violation is alleged to have |
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occurred may sue to collect the penalty. |
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(c) A penalty collected under this section shall be |
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deposited to the credit of the state highway fund if collected by |
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the attorney general and to the credit of the county road and bridge |
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fund of the county in which the violation occurred if collected by a |
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district or county attorney. |
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SECTION 4. Section 394.003, Transportation Code, is amended |
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by adding Subsection (d) to read as follows: |
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(d) This chapter does not apply to a temporary directional |
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sign or kiosk erected by a political subdivision as part of a |
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program approved by the department and administered by the |
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political subdivision on a highway within the boundaries of the |
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political subdivision. |
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SECTION 5. The heading to Section 394.021, Transportation |
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Code, is amended to read as follows: |
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Sec. 394.021. ERECTING OFF-PREMISE SIGN WITHOUT PERMIT; |
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OFFENSE. |
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SECTION 6. Section 394.021, Transportation Code, is amended |
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by amending Subsection (a) and adding Subsections (c), (d), and (e) |
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to read as follows: |
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(a) A person commits an offense if the person erects [may
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not erect] an off-premise sign unless the person first obtains a |
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permit under this subchapter from the commission. |
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(c) A person commits an offense if the person: |
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(1) allows an off-premise sign to be erected on |
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property owned by the person; and |
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(2) knows or should have known that the sign was |
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erected in violation of this chapter. |
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(d) An offense under this section is a misdemeanor |
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punishable by a fine of not less than $500 or more than $1,000. Each |
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day of the proscribed conduct is a separate offense. |
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(e) It is a defense to prosecution for an offense under this |
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chapter that the person removed the unauthorized sign not later |
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than the 45th day after the date the person received a citation for |
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the offense. If the court is satisfied with the evidence produced |
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by the person to establish a defense under this subsection, the |
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court shall dismiss the charge. |
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SECTION 7. Section 394.081, Transportation Code, is amended |
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by amending Subsections (a) and (c) and adding Subsection (d) to |
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read as follows: |
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(a) In lieu of being subject to a criminal penalty, a [A] |
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person who intentionally violates this chapter or a rule adopted by |
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the commission under this chapter may be [is] liable [to the state] |
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for a civil penalty of not less than $150 or more than $1,000 for |
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each violation, depending on the seriousness of the violation and |
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whether the person has previously violated this chapter. Each day a |
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violation continues is a separate violation. |
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(c) A civil penalty collected under this section shall be |
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deposited to the credit of the state highway fund if collected by |
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the attorney general and to the credit of the county road and bridge |
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fund if collected by a district or county attorney. |
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(d) Before a suit may be brought against a property owner |
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for a violation of Section 394.021(c), the attorney general or the |
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district or county attorney for the county in which the violation is |
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alleged to have occurred shall give the person charged with the |
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violation a written notice that: |
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(1) describes the violation and specific location of |
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the sign found to be in violation; |
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(2) states the amount of the proposed penalty for the |
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violation; and |
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(3) gives the owner 45 days from receipt of the notice |
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to remove the sign and cure the violation to avoid the penalty |
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unless the person was found guilty or liable by a court for |
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violating this chapter within the preceding six months. |
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SECTION 8. Subchapter E, Chapter 394, Transportation Code, |
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is amended by adding Section 394.087 to read as follows: |
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Sec. 394.087. INJUNCTION. (a) A sign that is erected in |
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violation of this chapter is a public nuisance. |
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(b) On written notice by certified mail from the department |
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or the county, an owner of a sign that is a public nuisance under |
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Subsection (a), or the owner of the property on which the sign is |
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located, shall remove the sign. If the sign is not removed within |
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45 days of the date of the notice, the department may direct the |
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attorney general to apply for an injunction to require the removal |
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of the sign or a district or county attorney may apply for an |
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injunction to require the removal of the sign. |
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(c) The state or county is entitled to recover from the |
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owner of a sign, or the owner of the property from which a sign is |
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removed, under an action brought under Subsection (b) all |
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administrative and legal costs and expenses incurred to remove the |
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sign, including court costs and reasonable attorney's fees. |
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SECTION 9. (a) The change in law made by this Act to Section |
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391.031, Transportation Code, applies only to an offense committed |
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on or after the effective date of this Act. For purposes of this |
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section, an offense is committed before the effective date of this |
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Act if any element of the offense occurs before that date. |
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(b) An offense committed before the effective date of this |
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Act is covered by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 10. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 412 was passed by the House on March |
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28, 2007, by the following vote: Yeas 145, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 412 on May 23, 2007, by the following vote: Yeas 137, Nays 7, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 412 was passed by the Senate, with |
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amendments, on May 18, 2007, by the following vote: Yeas 29, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |