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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a county or municipality to remove |
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graffiti from private property at the owner's expense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 250, Local Government Code, is amended |
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by adding Section 250.007 to read as follows: |
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Sec. 250.007. GRAFFITI REMOVAL. (a) A county or |
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municipality may require an owner of property within the |
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jurisdiction of the county or municipality to remove graffiti from |
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the owner's property. |
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(b) A requirement adopted under this section shall provide |
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that if an owner of property fails to remove graffiti not later than |
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the seventh day after the date of notice, the county or municipality |
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may: |
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(1) perform the work necessary to remove the graffiti; |
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or |
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(2) pay for the removal of the graffiti and charge the |
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expense to the owner of the property. |
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(c) The notice required by Subsection (b) must be given: |
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(1) personally to the owner in writing; |
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(2) by letter sent by certified mail, addressed to the |
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owner at the owner's address as contained in the records of the |
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appraisal district in which the property is located; or |
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(3) if service cannot be obtained under Subdivision |
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(1) or (2): |
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(A) by publication at least once; |
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(B) by posting the notice on or near the front |
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door of each building on the property to which the notice relates; |
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or |
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(C) by posting the notice on a placard attached |
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to a stake driven into the ground on the property to which the |
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notice relates. |
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SECTION 2. Subchapter C, Chapter 101, Civil Practice and |
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Remedies Code, is amended by adding Section 101.067 to read as |
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follows: |
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Sec. 101.067. GRAFFITI REMOVAL. This chapter does not |
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apply to a claim for property damage caused by the removal of |
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graffiti under Section 250.007, Local Government Code. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |