| 1 | 1 | | By: Pickett H.B. No. 489 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to the authority of a county or municipality to remove |
|---|
| 7 | 7 | | graffiti from private property at the owner's expense. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Chapter 250, Local Government Code, is amended |
|---|
| 10 | 10 | | by adding Section 250.007 to read as follows: |
|---|
| 11 | 11 | | Sec. 250.007. GRAFFITI REMOVAL. (a) A county or |
|---|
| 12 | 12 | | municipality may require an owner of property within the |
|---|
| 13 | 13 | | jurisdiction of the county or municipality to remove graffiti from |
|---|
| 14 | 14 | | the owner's property. |
|---|
| 15 | 15 | | (b) Subject to Subsection (e), a requirement adopted under |
|---|
| 16 | 16 | | this section shall provide that if an owner of property fails to |
|---|
| 17 | 17 | | remove graffiti not later than the 15th day after the date of |
|---|
| 18 | 18 | | notice, the county or municipality may: |
|---|
| 19 | 19 | | (1) perform the work necessary to remove the graffiti; |
|---|
| 20 | 20 | | or |
|---|
| 21 | 21 | | (2) pay for the removal of the graffiti and charge the |
|---|
| 22 | 22 | | expense to the owner of the property. |
|---|
| 23 | 23 | | (c) The notice required by Subsection (b) must be given: |
|---|
| 24 | 24 | | (1) personally to the owner in writing; |
|---|
| 25 | 25 | | (2) by letter sent by certified mail, addressed to the |
|---|
| 26 | 26 | | owner at the owner's address as contained in the records of the |
|---|
| 27 | 27 | | appraisal district in which the property is located; or |
|---|
| 28 | 28 | | (3) if service cannot be obtained under Subdivision |
|---|
| 29 | 29 | | (1) or (2): |
|---|
| 30 | 30 | | (A) by publication at least once; |
|---|
| 31 | 31 | | (B) by posting the notice on or near the front |
|---|
| 32 | 32 | | door of each building on the property to which the notice relates; |
|---|
| 33 | 33 | | or |
|---|
| 34 | 34 | | (C) by posting the notice on a placard attached |
|---|
| 35 | 35 | | to a stake driven into the ground on the property to which the |
|---|
| 36 | 36 | | notice relates. |
|---|
| 37 | 37 | | (d) This section does not apply to active transportation |
|---|
| 38 | 38 | | infrastructure or sites on which moving equipment or other special |
|---|
| 39 | 39 | | hazards make graffiti removal impracticable. |
|---|
| 40 | 40 | | (e) Subsection (b) does not apply to: |
|---|
| 41 | 41 | | (1) an electric utility or power generation company as |
|---|
| 42 | 42 | | defined by Section 31.002, Utilities Code; or |
|---|
| 43 | 43 | | (2) a gas utility as defined by Section 101.003 or |
|---|
| 44 | 44 | | 121.001, Utilities Code. |
|---|
| 45 | 45 | | SECTION 2. Subchapter C, Chapter 101, Civil Practice and |
|---|
| 46 | 46 | | Remedies Code, is amended by adding Section 101.067 to read as |
|---|
| 47 | 47 | | follows: |
|---|
| 48 | 48 | | Sec. 101.067. GRAFFITI REMOVAL. This chapter does not |
|---|
| 49 | 49 | | apply to a claim for property damage caused by the removal of |
|---|
| 50 | 50 | | graffiti under Section 250.007, Local Government Code. |
|---|
| 51 | 51 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 52 | 52 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 53 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 54 | 54 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 55 | 55 | | Act takes effect September 1, 2009. |
|---|