BILL ANALYSIS
Senate Research Center |
H.B. 3611 |
89R22357 CXP-D |
By: Curry et al. (Miles) |
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Transportation |
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5/7/2025 |
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Engrossed |
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Illegal signage can negatively impact the quality of life in neighborhoods throughout Texas. Although there have been efforts to target "bandit signs," offending operators simply claim they did not place the signs or just pay associated fines as a cost of doing business. There have been calls for stricter enforcement to address this ongoing issue.
H.B. 3611 strengthens enforcement by requiring written notice before a penalty is issued for a first violation, giving the violator a chance to remove the sign. It also replaces the unclear penalty language with a clear, escalating fine structure for repeat violations. This ensures fairness on the first offense and stronger consequences for ongoing violations.
H.B. 3611 amends current law relating to the civil penalty for certain signs placed on the right-of-way of a public road.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 393.001, Transportation Code, to define "person" and "sign" and to make nonsubstantive changes.
SECTION 2. Amends Section 393.007, Transportation Code, by amending Subsections (a) and (b) and adding Subsection (a-1), as follows:
(a) Provides that a person who places or commissions the placement of or whose commercial advertisement is placed on a sign on the right-of-way of a public road that is not otherwise authorized by law may be liable for a civil penalty, provided that, for a person's first violation the applicable political subdivision provides written notice to the person that the person is authorized to be liable for a civil penalty if the person fails to remove the sign within a specified period and the person fails to remove the sign within the specified period.
(a-1) Creates this subsection from existing text and makes no further changes.
(b) Prohibits the amount of the civil penalty from exceeding $1,000 for a first violation, $2,500 for a second violation, and $5,000 for a third or subsequent violation.
Deletes existing text providing that the amount of the civil penalty is not less than $500 or more than $1,000 for each violation, depending on the seriousness of the violation and whether the person has previously violated Chapter 393 (Outdoor Signs on Public Rights-of-Way). Authorizes a separate penalty to be collected for each day a continuing violation occurs.
SECTION 3. Makes application of this Act prospective.
SECTION 4. Effective date: September 1, 2025.