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A BILL TO BE ENTITLED
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AN ACT
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relating to the civil penalty for certain signs placed on the |
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right-of-way of a public road. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 393.001, Transportation Code, is amended |
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to read as follows: |
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Sec. 393.001. DEFINITIONS [DEFINITION]. In this chapter: |
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(1) "Person" includes a person's employee, agent, |
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independent contractor, assignee, business alter ego, and |
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successor in interest. |
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(2) "Sign" [, "sign"] means an outdoor sign, display, |
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light, device, figure, painting, drawing, message, plaque, poster, |
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or other thing designed, intended, or used to advertise or inform. |
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SECTION 2. Section 393.007, Transportation Code, is amended |
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by amending Subsections (a) and (b) and adding Subsection (a-1) to |
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read as follows: |
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(a) A person who places or commissions the placement of or |
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whose commercial advertisement is placed on a sign on the |
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right-of-way of a public road that is not otherwise authorized by |
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law may be liable for a civil penalty, provided that, for a person's |
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first violation: |
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(1) the applicable political subdivision provides |
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written notice to the person that the person may be liable for a |
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civil penalty if the person fails to remove the sign within a |
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specified period; and |
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(2) the person fails to remove the sign within the |
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specified period. |
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(a-1) A district or county attorney or a municipal attorney |
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in the jurisdiction in which the placement of a sign on the |
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right-of-way of a public road is alleged to have occurred may sue to |
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collect the penalty. |
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(b) The amount of the civil penalty may not exceed: |
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(1) [is not less than $500 or more than] $1,000 for a |
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first [each] violation; |
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(2) $2,500 for a second violation; and |
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(3) $5,000 for a third or subsequent violation[, |
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depending on the seriousness of the violation and whether the |
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person has previously violated this chapter. A separate penalty |
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may be collected for each day a continuing violation occurs]. |
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SECTION 3. The change in law made by this Act applies only |
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to a violation that occurs on or after the effective date of this |
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Act. A violation that occurs before the effective date of this Act |
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is governed by the law in effect on the date the violation occurred, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, a violation occurs before the effective |
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date of this Act if any element of the violation occurs before that |
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date. |
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SECTION 4. This Act takes effect September 1, 2025. |