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A BILL TO BE ENTITLED
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AN ACT
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relating to erecting signs for a public election on certain |
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rights-of-way. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 392.0325, Transportation Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) This subchapter does not apply to a sign erected solely |
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for and relating to a public election if the sign: |
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(1) is on private property; |
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(2) is erected not earlier than the 90th day before the |
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date of the election and is removed not later than the 10th day |
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after the date of the election; |
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(3) is constructed of lightweight material; and |
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(4) has a surface area not larger than 50 square feet. |
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SECTION 2. Section 393.0026, Transportation Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) This chapter does not apply to a sign erected solely for |
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and relating to a public election if the sign: |
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(1) is on private property; |
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(2) is erected not earlier than the 90th day before the |
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date of the election and is removed not later than the 10th day |
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after the date of the election; |
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(3) is constructed of lightweight material; and |
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(4) has a surface area not larger than 50 square feet. |
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SECTION 3. Section 395.003, Transportation Code, is amended |
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to read as follows: |
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Sec. 395.003. REGULATION OF SIGNS. (a) The governing body |
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of a toll road authority may adopt rules to license, regulate, or |
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prohibit the placement of a sign visible from the main-traveled way |
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of a toll road in the authority and erected for the purpose of |
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having the message seen from the main-traveled way if the authority |
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determines the rules are necessary to restore, preserve, or enhance |
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the scenic beauty of the property within view of the road. |
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(b) A rule adopted under this section does not apply to a |
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sign erected solely for and relating to a public election if the |
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sign: |
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(1) is on private property; |
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(2) is erected not earlier than the 90th day before the |
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date of the election and is removed not later than the 10th day |
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after the date of the election; |
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(3) is constructed of lightweight material; and |
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(4) has a surface area not larger than 50 square feet. |
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SECTION 4. Section 255.001(c), Election Code, is amended to |
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read as follows: |
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(c) A person may not knowingly use, cause or permit to be |
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used, or continue to use any published, distributed, or broadcast |
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political advertising containing express advocacy that the person |
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knows does not include the disclosure required by Subsection (a). A |
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person is presumed to know that the use of political advertising is |
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prohibited by this subsection if the commission notifies the person |
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in writing that the use is prohibited. A person who learns that |
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political advertising signs[, as defined by Section 255.007,] that |
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have been distributed do not include the disclosure required by |
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Subsection (a) or include a disclosure that does not comply with |
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Subsection (a) does not commit a continuing violation of this |
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subsection if the person makes a good faith attempt to remove or |
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correct those signs. A person who learns that printed political |
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advertising other than a political advertising sign that has been |
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distributed does not include the disclosure required by Subsection |
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(a) or includes a disclosure that does not comply with Subsection |
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(a) is not required to attempt to recover the political advertising |
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and does not commit a continuing violation of this subsection as to |
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any previously distributed political advertising. In this |
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subsection, "political advertising sign" means a written form of |
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political advertising designed to be seen from a road but does not |
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include a bumper sticker. |
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SECTION 5. Section 571.1211(2), Government Code, is amended |
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to read as follows: |
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(2) "Category One violation" means a violation of a |
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law within jurisdiction of the commission as to which it is |
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generally not difficult to ascertain whether the violation occurred |
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or did not occur, including: |
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(A) the failure by a person required to file a |
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statement or report to: |
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(i) file the required statement or report |
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in a manner that complies with applicable requirements; or |
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(ii) timely file the required statement or |
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report; |
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(B) a violation of Section 255.001, Election |
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Code; |
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(C) a misrepresentation in political advertising |
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or a campaign communication relating to the office held by a person |
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in violation of Section 255.006, Election Code; or |
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(D) [a failure to include in any written
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political advertising intended to be seen from a road the
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right-of-way notice in violation of Section 255.007, Election Code;
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or
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[(E)] a failure to timely respond to a written |
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notice under Section 571.123(b). |
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SECTION 6. Section 255.007, Election Code, is repealed. |
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SECTION 7. The repeal by this Act of Section 255.007, |
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Election Code, does not apply to an offense committed under that |
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section before the effective date of the repeal. An offense |
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committed before the effective date of the repeal is governed by the |
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law as it existed on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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the repeal if any element of the offense occurred before that date. |
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SECTION 8. The changes in law made by this Act to Chapters |
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392, 393, and 395, Transportation Code, apply only to an offense |
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committed on or after the effective date of this Act. An offense |
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committed before the effective date of this Act is governed by the |
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law in effect on the date the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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SECTION 9. This Act takes effect September 1, 2017. |