| 1 | 1 | | 82R10656 NC-D |
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| 2 | 2 | | By: Nash H.B. No. 2601 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the removal of political signs from private property; |
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| 8 | 8 | | providing a penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 180, Local Government Code, is amended |
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| 11 | 11 | | by adding Section 180.007 to read as follows: |
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| 12 | 12 | | Sec. 180.007. UNLAWFUL REMOVAL OF POLITICAL SIGN BY PUBLIC |
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| 13 | 13 | | OFFICIAL. (a) In this section, "public official" means a member |
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| 14 | 14 | | of the governing body or another officer, whether elected, |
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| 15 | 15 | | appointed, paid, or unpaid, of any district, county, municipality, |
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| 16 | 16 | | precinct, or other local governmental entity who exercises |
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| 17 | 17 | | responsibilities beyond those that are advisory in nature. |
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| 18 | 18 | | (b) A public official may not remove or require a person to |
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| 19 | 19 | | remove a political sign from the person's private real property |
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| 20 | 20 | | that is placed on the property in compliance with an applicable law. |
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| 21 | 21 | | (c) A public official who violates Subsection (b) is liable |
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| 22 | 22 | | to the state for a civil penalty in an amount of not less than $500 |
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| 23 | 23 | | or more than $1,000. |
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| 24 | 24 | | (d) The county attorney may recover a penalty under this |
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| 25 | 25 | | section in a suit brought on behalf of the state. Money collected |
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| 26 | 26 | | under this section shall be paid to the comptroller for deposit in |
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| 27 | 27 | | the general revenue fund. |
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| 28 | 28 | | SECTION 2. Chapter 202, Property Code, is amended by adding |
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| 29 | 29 | | Section 202.010 to read as follows: |
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| 30 | 30 | | Sec. 202.010. UNLAWFUL PROHIBITION OF POLITICAL SIGN. In |
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| 31 | 31 | | addition to other remedies provided by law, a property owner may |
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| 32 | 32 | | recover from a property owners' association that prohibits the |
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| 33 | 33 | | property owner from displaying a political sign or causes the |
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| 34 | 34 | | removal of the sign in violation of Section 202.009: |
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| 35 | 35 | | (1) a penalty in an amount of not less than $500 or |
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| 36 | 36 | | more than $1,000; |
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| 37 | 37 | | (2) actual damages caused by the property owners' |
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| 38 | 38 | | association; |
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| 39 | 39 | | (3) court costs; and |
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| 40 | 40 | | (4) reasonable attorney's fees. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2011. |
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