85R587 AAF-D
By: Huberty H.B. No. 361
A BILL TO BE ENTITLED
AN ACT
relating to erecting signs for a public election on certain
rights-of-way.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 392.0325, Transportation Code, is
amended by adding Subsection (e) to read as follows:
(e) This subchapter does not apply to a sign erected solely
for and relating to a public election if the sign:
(1) is on private property;
(2) is erected not earlier than the 90th day before the
date of the election and is removed not later than the 10th day
after the date of the election;
(3) is constructed of lightweight material; and
(4) has a surface area not larger than 50 square feet.
SECTION 2. Section 393.0026, Transportation Code, is
amended by adding Subsection (c) to read as follows:
(c) This chapter does not apply to a sign erected solely for
and relating to a public election if the sign:
(1) is on private property;
(2) is erected not earlier than the 90th day before the
date of the election and is removed not later than the 10th day
after the date of the election;
(3) is constructed of lightweight material; and
(4) has a surface area not larger than 50 square feet.
SECTION 3. Section 395.003, Transportation Code, is amended
to read as follows:
Sec. 395.003. REGULATION OF SIGNS. (a) The governing body
of a toll road authority may adopt rules to license, regulate, or
prohibit the placement of a sign visible from the main-traveled way
of a toll road in the authority and erected for the purpose of
having the message seen from the main-traveled way if the authority
determines the rules are necessary to restore, preserve, or enhance
the scenic beauty of the property within view of the road.
(b) A rule adopted under this section does not apply to a
sign erected solely for and relating to a public election if the
sign:
(1) is on private property;
(2) is erected not earlier than the 90th day before the
date of the election and is removed not later than the 10th day
after the date of the election;
(3) is constructed of lightweight material; and
(4) has a surface area not larger than 50 square feet.
SECTION 4. Section 255.001(c), Election Code, is amended to
read as follows:
(c) A person may not knowingly use, cause or permit to be
used, or continue to use any published, distributed, or broadcast
political advertising containing express advocacy that the person
knows does not include the disclosure required by Subsection (a). A
person is presumed to know that the use of political advertising is
prohibited by this subsection if the commission notifies the person
in writing that the use is prohibited. A person who learns that
political advertising signs[, as defined by Section 255.007,] that
have been distributed do not include the disclosure required by
Subsection (a) or include a disclosure that does not comply with
Subsection (a) does not commit a continuing violation of this
subsection if the person makes a good faith attempt to remove or
correct those signs. A person who learns that printed political
advertising other than a political advertising sign that has been
distributed does not include the disclosure required by Subsection
(a) or includes a disclosure that does not comply with Subsection
(a) is not required to attempt to recover the political advertising
and does not commit a continuing violation of this subsection as to
any previously distributed political advertising. In this
subsection, "political advertising sign" means a written form of
political advertising designed to be seen from a road but does not
include a bumper sticker.
SECTION 5. Section 571.1211(2), Government Code, is amended
to read as follows:
(2) "Category One violation" means a violation of a
law within jurisdiction of the commission as to which it is
generally not difficult to ascertain whether the violation occurred
or did not occur, including:
(A) the failure by a person required to file a
statement or report to:
(i) file the required statement or report
in a manner that complies with applicable requirements; or
(ii) timely file the required statement or
report;
(B) a violation of Section 255.001, Election
Code;
(C) a misrepresentation in political advertising
or a campaign communication relating to the office held by a person
in violation of Section 255.006, Election Code; or
(D) [a failure to include in any written
political advertising intended to be seen from a road the
right-of-way notice in violation of Section 255.007, Election Code;
or
[(E)] a failure to timely respond to a written
notice under Section 571.123(b).
SECTION 6. Section 255.007, Election Code, is repealed.
SECTION 7. The repeal by this Act of Section 255.007,
Election Code, does not apply to an offense committed under that
section before the effective date of the repeal. An offense
committed before the effective date of the repeal is governed by the
law as it existed on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
the repeal if any element of the offense occurred before that date.
SECTION 8. The changes in law made by this Act to Chapters
392, 393, and 395, Transportation Code, apply only to an offense
committed on or after the effective date of this Act. An offense
committed before the effective date of this Act is governed by the
law in effect on the date the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense occurred before that date.
SECTION 9. This Act takes effect September 1, 2017.