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