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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures for the removal of an abandoned on-premise |
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sign by a municipality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 216.003, Local Government Code, is |
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amended by amending Subsection (e) and adding Subsections (e-1), |
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(e-2), and (e-3) to read as follows: |
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(e) A municipality that exercises authority under this |
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subchapter may, without paying compensation as provided by this |
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subchapter, require the removal of an on-premise sign or sign |
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structure not sooner than the first anniversary of the date the |
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business, person, or activity that the sign or sign structure |
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identifies or advertises ceases to operate on the premises on which |
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the sign or sign structure is located. [If the premises containing
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the sign or sign structure is leased, a municipality may not require
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removal under this subsection sooner than the second anniversary
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after the date the most recent tenant ceases to operate on the
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premises.] The removal of a sign or sign structure as described by |
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this subsection does not require the appointment of a board under |
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Section 216.004. |
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(e-1) A municipality may adopt procedures for the abatement |
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and removal, as a public nuisance, of an on-premise sign or sign |
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structure described by Subsection (e). The procedures must provide |
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for: |
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(1) initial written notice provided after the |
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business, person, or activity ceases operation to the owner of the |
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property on which the sign or sign structure is located that the |
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sign or sign structure must be removed; |
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(2) subsequent written notice to the property owner on |
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or after the first anniversary of the date notice is given under |
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Subdivision (1); |
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(3) at least a 30-day period for the owner of the |
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property on which the sign or sign structure is located to remove |
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the sign or sign structure after the date on which the municipality |
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may require removal under Subsection (e), before the municipality |
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may remove the sign or sign structure; and |
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(4) a public hearing, if requested by any person, |
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before the municipality removes the sign or sign structure under |
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this section. |
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(e-2) After following the procedures under Subsection |
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(e-1), a municipality may: |
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(1) remove a sign or sign structure described by |
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Subsection (e); and |
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(2) assess the cost of the removal, including |
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reasonable administrative costs, as a lien against the real |
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property on which the sign or sign structure was located as provided |
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by Subsection (e-3). |
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(e-3) To obtain a lien against the property under Subsection |
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(e-2), the municipality must file a statement of expenses with the |
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county clerk of the county in which the property is located. The |
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lien statement must state the name of the owner and the legal |
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description of the property. The lien attaches at the time the lien |
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statement is filed with the county clerk. The lien obtained by the |
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municipality is security for the expenditures made and interest, |
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which accrues at the rate of 10 percent a year on the amount due. |
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The lien is inferior only to tax liens. The municipality may bring |
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a suit for foreclosure in the name of the municipality to recover |
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the expenditures and interest due. The statement of expenses or a |
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certified copy of the statement is prima facie proof of the expenses |
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incurred by the municipality in removing the sign or sign |
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structure. |
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SECTION 2. This Act takes effect September 1, 2007. |