Texas 2023 - 88th Regular

Texas Senate Bill SB368

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the authority of a county or municipality to require removal of graffiti from private property.

Impact

The implications of SB 368 extend to local governance, as it clarifies and possibly enhances the municipalities' ability to enforce property maintenance related to graffiti. By enabling local governments to charge property owners for graffiti removal, the bill provides a framework to address urban blight and promote community standards. However, this change could lead to potential disputes between property owners and local authorities regarding the authority and fairness in fee assessments for graffiti removal.

Summary

Senate Bill 368, introduced by Senator Alvarado, pertains to the authority of counties and municipalities in Texas regarding the removal of graffiti from private property. The bill amends Section 250.006 of the Local Government Code, specifying that property owners must remove graffiti within 10 days of receiving notice from the county or municipality. If they fail to do so, the local government may intervene and charge the property owner for the removal costs. This legislative change aims to streamline the process for municipalities to manage graffiti effectively and uphold community aesthetics.

Sentiment

Overall, the sentiment surrounding SB 368 appears to align with a proactive approach to urban management. Supporters may regard it as a necessary measure to enable local governments to maintain community beauty and safety, while critics could argue it imposes a financial burden on property owners, especially those who may not have the means to address graffiti promptly. The discussions hint at a balance between effective governance and individual property rights.

Contention

Notable points of contention may arise around enforcement and the financial implications for property owners. Critics could question the equitability of the bill, particularly if local governments prioritize graffiti removal in specific areas over others or if the associated costs are deemed excessive. Furthermore, there may be concerns about the potential for misuse of power by municipalities and ensuring that community members have a voice in such regulatory processes.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 250. Miscellaneous Regulatory Authority
    • Section: 006

Companion Bills

TX HB1439

Identical Relating to the authority of a county or municipality to require removal of graffiti from private property.

Previously Filed As

TX HB1439

Relating to the authority of a county or municipality to require removal of graffiti from private property.

TX HB983

Relating to the repeal of the requirement that counties and municipalities offer to remove graffiti from private property free of charge before requiring the property owner to remove the graffiti.

TX HB1089

Relating to the authority of a county or municipality to require the removal of graffiti by a property owner.

TX HB1425

Relating to the authority of a county or municipality to require the removal of graffiti by a property owner.

TX HB489

Relating to the authority of a county or municipality to remove graffiti from private property at the owner's expense.

TX HB4164

Relating to the conduct constituting the offense of graffiti, the creation and criminal prosecution of, and penalties for offenses involving graffiti, and the authority of certain governmental entities to take certain actions designed to prevent or eradicate graffiti.

TX SB1087

Relating to the conduct constituting the offense of graffiti, the creation and criminal prosecution of, and penalties for offenses involving graffiti, and the authority of certain governmental entities to take certain actions designed to prevent or eradicate graffiti.

TX SB1078

Relating to the conduct constituting the offense of graffiti, the consequences of engaging in that conduct, and the authority of certain governmental entities to take certain actions designed to eradicate graffiti.

TX HB3494

Relating to the punishment for the offense of graffiti and the creation of a graffiti pretrial diversion program; authorizing a fee.

TX HB883

Relating to the punishment for the offense of graffiti and the creation of a graffiti pretrial diversion program; authorizing a fee.

Similar Bills

No similar bills found.