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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting billboards on cemetery property; providing |
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a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 711, Health and Safety |
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Code, is amended by adding Section 711.013 to read as follows: |
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Sec. 711.013. PROHIBITING BILLBOARDS ON CEMETERY PROPERTY. |
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(a) In this section, "billboard" means a separate and fixed |
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structure directly attached to the land or a building having one or |
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more spaces used to display an advertisement, whether or not the |
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structure is artificially lighted. |
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(b) A person may not erect or maintain a billboard on |
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cemetery property. A cemetery organization may not enter into a |
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contract or lease authorizing a billboard on cemetery property. |
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(c) The attorney general may bring an action against a |
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person who appears to be in violation of this section or is |
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threatening to violate this section. In an injunction issued under |
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this section, a court may include reasonable requirements to |
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prevent any further violations of this section. |
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(d) In addition to the injunctive relief provided by |
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Subsection (c), the attorney general may institute an action for |
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civil penalties against a person for a violation of this section. A |
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civil penalty assessed under this section may not exceed $1,000 for |
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each violation. Each day a violation occurs or continues to occur is |
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a separate violation for purposes of assessing a penalty under this |
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section. |
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(e) The attorney general may recover reasonable expenses |
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incurred in bringing an action under this section, including court |
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costs, attorney's fees, investigative costs, witness fees, and |
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deposition expenses. |
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(f) The attorney general shall file an action under this |
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section in Travis County or in the county in which the violation |
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occurred. |
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(g) A civil penalty recovered in an action by the attorney |
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general under this section shall be deposited in the general |
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revenue fund. |
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SECTION 2. (a) A billboard prohibited by Section 711.013, |
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Health and Safety Code, as added by this Act, that was erected on |
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cemetery property under a contract or lease entered into before the |
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effective date of this Act, must be dismantled or removed from the |
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cemetery on the expiration date of the existing contract or lease |
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between the cemetery organization and the billboard owner or |
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lessee, if applicable. |
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(b) A cemetery organization may not renew a contract or |
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lease for a billboard on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |