| 1 | 1 | | H.B. No. 875 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to civil liability for erecting or maintaining certain |
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| 6 | 6 | | outdoor signs or advertising. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 391.035(a), Transportation Code, is |
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| 9 | 9 | | amended to read as follows: |
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| 10 | 10 | | (a) In lieu of being subject to a criminal penalty, a person |
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| 11 | 11 | | who intentionally violates this subchapter or Subchapter C may be |
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| 12 | 12 | | liable [to the state] for a civil penalty. The attorney general or |
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| 13 | 13 | | a district or county attorney of the county in which the violation |
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| 14 | 14 | | is alleged to have occurred may sue to collect the penalty. |
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| 15 | 15 | | SECTION 2. Section 393.007, Transportation Code, is amended |
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| 16 | 16 | | by amending Subsection (a) and adding Subsection (d) to read as |
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| 17 | 17 | | follows: |
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| 18 | 18 | | (a) A person who places or commissions the placement of a |
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| 19 | 19 | | sign on the right-of-way of a public road that is not otherwise |
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| 20 | 20 | | authorized by law may be liable [to the municipality] for a civil |
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| 21 | 21 | | penalty. A district or county attorney or a municipal attorney in |
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| 22 | 22 | | the jurisdiction in which the placement of a sign on the |
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| 23 | 23 | | right-of-way of a public road is alleged to have occurred may sue to |
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| 24 | 24 | | collect the penalty. |
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| 25 | 25 | | (d) A district or county attorney or a municipal attorney |
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| 26 | 26 | | may recover reasonable attorney's fees incurred in an action |
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| 27 | 27 | | brought under Subsection (a). |
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| 28 | 28 | | SECTION 3. (a) The changes in law made by this Act to |
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| 29 | 29 | | Sections 391.035(a) and 393.007, Transportation Code, apply only to |
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| 30 | 30 | | a violation described by those sections that occurs on or after the |
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| 31 | 31 | | effective date of this Act. For purposes of this section, a |
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| 32 | 32 | | violation occurs before the effective date of this Act if any |
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| 33 | 33 | | element of the violation occurs before that date. |
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| 34 | 34 | | (b) A violation that occurs before the effective date of |
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| 35 | 35 | | this Act is covered by the law in effect when the offense was |
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| 36 | 36 | | committed, and the former law is continued in effect for that |
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| 37 | 37 | | purpose. |
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| 38 | 38 | | SECTION 4. This Act takes effect immediately if it receives |
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| 39 | 39 | | a vote of two-thirds of all the members elected to each house, as |
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| 40 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 41 | 41 | | Act does not receive the vote necessary for immediate effect, this |
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| 42 | 42 | | Act takes effect September 1, 2009. |
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| 43 | 43 | | ______________________________ ______________________________ |
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| 44 | 44 | | President of the Senate Speaker of the House |
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| 45 | 45 | | I certify that H.B. No. 875 was passed by the House on April |
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| 46 | 46 | | 22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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| 47 | 47 | | voting. |
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| 48 | 48 | | ______________________________ |
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| 49 | 49 | | Chief Clerk of the House |
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| 50 | 50 | | I certify that H.B. No. 875 was passed by the Senate on May |
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| 51 | 51 | | 11, 2009, by the following vote: Yeas 31, Nays 0. |
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| 52 | 52 | | ______________________________ |
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| 53 | 53 | | Secretary of the Senate |
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| 54 | 54 | | APPROVED: _____________________ |
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| 55 | 55 | | Date |
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| 56 | 56 | | _____________________ |
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| 57 | 57 | | Governor |
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