80R4228 ACP-D

By: Harless H.B. No. 1147

A BILL TO BE ENTITLED

AN ACT

relating to erecting 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, allow the placement of, or commission the placement of [or maintain] a sign on a state highway right-of-way unless the placement of the sign is authorized by state law.

SECTION 2. Section 392.0325, Transportation Code, is amended by adding Subsections (c) and (d) to read as follows:

(c) This subchapter does not apply to a temporary directional sign or kiosk erected by a political subdivision as part of a program approved by the department and administered by the political subdivision on a highway within the boundaries of the political subdivision.

(d) This subchapter does not apply to a sign placed in the right-of-way by a public utility or its contractor for purposes of the utility.

SECTION 3. Subchapter B, Chapter 392, Transportation Code, is amended by adding Sections 392.0355 and 392.039 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 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 and whether the person has previously violated this chapter. 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 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.

Sec. 392.039. INJUNCTION. (a) A sign that is erected in violation of this subchapter is a public nuisance.

(b) On written notice by certified mail from the department, an owner of a sign that is a public nuisance under Subsection (a), or the owner of the property on which the sign is located, shall remove the sign. If the sign is not removed within 45 days of the date of the notice, the department may request the attorney general or a district or county attorney of the county in which the violation is alleged to have occurred to apply for an injunction to require the removal of the sign.

(c) The state or the county in which the violation is alleged to have occurred is entitled to recover from the owner of a sign, or the owner of the property from 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 4. Section 393.002, Transportation Code, is amended to read as follows:

Sec. 393.002. SIGN PLACEMENT PROHIBITED. Except as provided by Sections [Section] 393.0025 and 393.0026, a person may not place or commission the placement of a sign on the right-of-way of a public road unless the placement of the sign is authorized by state law.

SECTION 5. Section 393.0025(a), Transportation Code, is amended to read as follows:

(a) A person may not place, allow the placement of, or commission the placement of a sign on the right-of-way of a road or highway maintained by a municipality unless the placement is authorized by the municipality.

SECTION 6. Chapter 393, Transportation Code, is amended by adding Section 393.0026 to read as follows:

Sec. 393.0026. EXCEPTION. (a) This chapter does not apply to a temporary directional sign or kiosk erected by a political subdivision as part of a program approved by the department and administered by the political subdivision on a highway within the boundaries of the political subdivision.

(b) This chapter does not apply to a sign placed in the right-of-way by a public utility or its contractor for purposes of the utility.

SECTION 7. Section 393.003(a), Transportation Code, is amended to read as follows:

(a) A sheriff, [or] constable, or other trained volunteer authorized by the commissioners court of a county may confiscate a sign placed in violation of Section 393.002.

SECTION 8. Section 393.004, Transportation Code, is amended by adding Subsection (d) to read as follows:

(d) The sheriff, constable, or other trained volunteer authorized by the commissioners court may discard a sign of less than $25 in value without giving the notice required by Section 393.003.

SECTION 9. Section 393.005(a), Transportation Code, is amended to read as follows:

(a) A person commits an offense if the person places or commissions the placement of a sign in violation of this chapter [Section 393.002].

SECTION 10. Chapter 393, Transportation Code, is amended by adding Sections 393.007 and 393.008 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 municipality for a civil penalty. A district or county attorney or a municipal attorney in the jurisdiction 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 and whether the person has previously violated this chapter. 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 general fund of the municipality in which the violation occurred if collected by a municipal attorney, or 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.

Sec. 393.008. INJUNCTION. (a) A sign that is erected in violation of this chapter is a public nuisance.

(b) On written notice by certified mail from the municipality or county, an owner of a sign that is a public nuisance under Subsection (a), or the owner of the property on which the sign is located, shall remove the sign. If the sign is not removed within 45 days of the date of the notice, the municipality or county may request the attorney general or a district or county attorney of the county in which the violation is alleged to have occurred to apply for an injunction to require the removal of the sign.

(c) The municipality or county in which the violation is alleged to have occurred is entitled to recover from the owner of a sign, or the owner of the property from 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 11. 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 12. 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 13. 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 14. (a) The changes in law made by this Act to Chapters 392 and 393, Transportation Code, 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 15. This Act takes effect September 1, 2007.