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