85R587 AAF-D
 
  By: Huberty H.B. No. 361
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to erecting signs for a public election on certain
  rights-of-way.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 392.0325, Transportation Code, is
  amended by adding Subsection (e) to read as follows:
         (e)  This subchapter does not apply to a sign erected solely
  for and relating to a public election if the sign:
               (1)  is on private property;
               (2)  is erected not earlier than the 90th day before the
  date of the election and is removed not later than the 10th day
  after the date of the election;
               (3)  is constructed of lightweight material; and
               (4)  has a surface area not larger than 50 square feet.
         SECTION 2.  Section 393.0026, Transportation Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  This chapter does not apply to a sign erected solely for
  and relating to a public election if the sign:
               (1)  is on private property;
               (2)  is erected not earlier than the 90th day before the
  date of the election and is removed not later than the 10th day
  after the date of the election;
               (3)  is constructed of lightweight material; and
               (4)  has a surface area not larger than 50 square feet.
         SECTION 3.  Section 395.003, Transportation Code, is amended
  to read as follows:
         Sec. 395.003.  REGULATION OF SIGNS. (a) The governing body
  of a toll road authority may adopt rules to license, regulate, or
  prohibit the placement of a sign visible from the main-traveled way
  of a toll road in the authority and erected for the purpose of
  having the message seen from the main-traveled way if the authority
  determines the rules are necessary to restore, preserve, or enhance
  the scenic beauty of the property within view of the road.
         (b)  A rule adopted under this section does not apply to a
  sign erected solely for and relating to a public election if the
  sign:
               (1)  is on private property;
               (2)  is erected not earlier than the 90th day before the
  date of the election and is removed not later than the 10th day
  after the date of the election;
               (3)  is constructed of lightweight material; and
               (4)  has a surface area not larger than 50 square feet.
         SECTION 4.  Section 255.001(c), Election Code, is amended to
  read as follows:
         (c)  A person may not knowingly use, cause or permit to be
  used, or continue to use any published, distributed, or broadcast
  political advertising containing express advocacy that the person
  knows does not include the disclosure required by Subsection (a). A
  person is presumed to know that the use of political advertising is
  prohibited by this subsection if the commission notifies the person
  in writing that the use is prohibited. A person who learns that
  political advertising signs[, as defined by Section 255.007,] that
  have been distributed do not include the disclosure required by
  Subsection (a) or include a disclosure that does not comply with
  Subsection (a) does not commit a continuing violation of this
  subsection if the person makes a good faith attempt to remove or
  correct those signs. A person who learns that printed political
  advertising other than a political advertising sign that has been
  distributed does not include the disclosure required by Subsection
  (a) or includes a disclosure that does not comply with Subsection
  (a) is not required to attempt to recover the political advertising
  and does not commit a continuing violation of this subsection as to
  any previously distributed political advertising. In this
  subsection, "political advertising sign" means a written form of
  political advertising designed to be seen from a road but does not
  include a bumper sticker.
         SECTION 5.  Section 571.1211(2), Government Code, is amended
  to read as follows:
               (2)  "Category One violation" means a violation of a
  law within jurisdiction of the commission as to which it is
  generally not difficult to ascertain whether the violation occurred
  or did not occur, including:
                     (A)  the failure by a person required to file a
  statement or report to:
                           (i)  file the required statement or report
  in a manner that complies with applicable requirements; or
                           (ii)  timely file the required statement or
  report;
                     (B)  a violation of Section 255.001, Election
  Code;
                     (C)  a misrepresentation in political advertising
  or a campaign communication relating to the office held by a person
  in violation of Section 255.006, Election Code; or
                     (D)  [a failure to include in any written
  political advertising intended to be seen from a road the
  right-of-way notice in violation of Section 255.007, Election Code;
  or
                     [(E)]  a failure to timely respond to a written
  notice under Section 571.123(b).
         SECTION 6.  Section 255.007, Election Code, is repealed.
         SECTION 7.  The repeal by this Act of Section 255.007,
  Election Code, does not apply to an offense committed under that
  section before the effective date of the repeal. An offense
  committed before the effective date of the repeal is governed by the
  law as it existed on the date the offense was committed, and the
  former law is continued in effect for that purpose. For purposes of
  this section, an offense was committed before the effective date of
  the repeal if any element of the offense occurred before that date.
         SECTION 8.  The changes in law made by this Act to Chapters
  392, 393, and 395, Transportation Code, apply only to an offense
  committed on or after the effective date of this Act. An offense
  committed before the effective date of this Act is governed by the
  law in effect on the date the offense was committed, and the former
  law is continued in effect for that purpose. For purposes of this
  section, an offense was committed before the effective date of this
  Act if any element of the offense occurred before that date.
         SECTION 9.  This Act takes effect September 1, 2017.