Texas 2017 - 85th Regular

Texas House Bill HB361 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R587 AAF-D
2	2	By: Huberty H.B. No. 361
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to erecting signs for a public election on certain
8	8	rights-of-way.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 392.0325, Transportation Code, is
11	11	amended by adding Subsection (e) to read as follows:
12	12	(e) This subchapter does not apply to a sign erected solely
13	13	for and relating to a public election if the sign:
14	14	(1) is on private property;
15	15	(2) is erected not earlier than the 90th day before the
16	16	date of the election and is removed not later than the 10th day
17	17	after the date of the election;
18	18	(3) is constructed of lightweight material; and
19	19	(4) has a surface area not larger than 50 square feet.
20	20	SECTION 2. Section 393.0026, Transportation Code, is
21	21	amended by adding Subsection (c) to read as follows:
22	22	(c) This chapter does not apply to a sign erected solely for
23	23	and relating to a public election if the sign:
24	24	(1) is on private property;
25	25	(2) is erected not earlier than the 90th day before the
26	26	date of the election and is removed not later than the 10th day
27	27	after the date of the election;
28	28	(3) is constructed of lightweight material; and
29	29	(4) has a surface area not larger than 50 square feet.
30	30	SECTION 3. Section 395.003, Transportation Code, is amended
31	31	to read as follows:
32	32	Sec. 395.003. REGULATION OF SIGNS. (a) The governing body
33	33	of a toll road authority may adopt rules to license, regulate, or
34	34	prohibit the placement of a sign visible from the main-traveled way
35	35	of a toll road in the authority and erected for the purpose of
36	36	having the message seen from the main-traveled way if the authority
37	37	determines the rules are necessary to restore, preserve, or enhance
38	38	the scenic beauty of the property within view of the road.
39	39	(b) A rule adopted under this section does not apply to a
40	40	sign erected solely for and relating to a public election if the
41	41	sign:
42	42	(1) is on private property;
43	43	(2) is erected not earlier than the 90th day before the
44	44	date of the election and is removed not later than the 10th day
45	45	after the date of the election;
46	46	(3) is constructed of lightweight material; and
47	47	(4) has a surface area not larger than 50 square feet.
48	48	SECTION 4. Section 255.001(c), Election Code, is amended to
49	49	read as follows:
50	50	(c) A person may not knowingly use, cause or permit to be
51	51	used, or continue to use any published, distributed, or broadcast
52	52	political advertising containing express advocacy that the person
53	53	knows does not include the disclosure required by Subsection (a). A
54	54	person is presumed to know that the use of political advertising is
55	55	prohibited by this subsection if the commission notifies the person
56	56	in writing that the use is prohibited. A person who learns that
57	57	political advertising signs[, as defined by Section 255.007,] that
58	58	have been distributed do not include the disclosure required by
59	59	Subsection (a) or include a disclosure that does not comply with
60	60	Subsection (a) does not commit a continuing violation of this
61	61	subsection if the person makes a good faith attempt to remove or
62	62	correct those signs. A person who learns that printed political
63	63	advertising other than a political advertising sign that has been
64	64	distributed does not include the disclosure required by Subsection
65	65	(a) or includes a disclosure that does not comply with Subsection
66	66	(a) is not required to attempt to recover the political advertising
67	67	and does not commit a continuing violation of this subsection as to
68	68	any previously distributed political advertising. In this
69	69	subsection, "political advertising sign" means a written form of
70	70	political advertising designed to be seen from a road but does not
71	71	include a bumper sticker.
72	72	SECTION 5. Section 571.1211(2), Government Code, is amended
73	73	to read as follows:
74	74	(2) "Category One violation" means a violation of a
75	75	law within jurisdiction of the commission as to which it is
76	76	generally not difficult to ascertain whether the violation occurred
77	77	or did not occur, including:
78	78	(A) the failure by a person required to file a
79	79	statement or report to:
80	80	(i) file the required statement or report
81	81	in a manner that complies with applicable requirements; or
82	82	(ii) timely file the required statement or
83	83	report;
84	84	(B) a violation of Section 255.001, Election
85	85	Code;
86	86	(C) a misrepresentation in political advertising
87	87	or a campaign communication relating to the office held by a person
88	88	in violation of Section 255.006, Election Code; or
89	89	(D) [a failure to include in any written
90	90	political advertising intended to be seen from a road the
91	91	right-of-way notice in violation of Section 255.007, Election Code;
92	92	or
93	93	[(E)] a failure to timely respond to a written
94	94	notice under Section 571.123(b).
95	95	SECTION 6. Section 255.007, Election Code, is repealed.
96	96	SECTION 7. The repeal by this Act of Section 255.007,
97	97	Election Code, does not apply to an offense committed under that
98	98	section before the effective date of the repeal. An offense
99	99	committed before the effective date of the repeal is governed by the
100	100	law as it existed on the date the offense was committed, and the
101	101	former law is continued in effect for that purpose. For purposes of
102	102	this section, an offense was committed before the effective date of
103	103	the repeal if any element of the offense occurred before that date.
104	104	SECTION 8. The changes in law made by this Act to Chapters
105	105	392, 393, and 395, Transportation Code, apply only to an offense
106	106	committed on or after the effective date of this Act. An offense
107	107	committed before the effective date of this Act is governed by the
108	108	law in effect on the date the offense was committed, and the former
109	109	law is continued in effect for that purpose. For purposes of this
110	110	section, an offense was committed before the effective date of this
111	111	Act if any element of the offense occurred before that date.
112	112	SECTION 9. This Act takes effect September 1, 2017.