Texas 2019 - 86th Regular

Texas House Bill HB2554 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2554
	1	+	By: Bucy (Senate Sponsor - Zaffirini) H.B. No. 2554
	2	+	(In the Senate - Received from the House May 13, 2019;
	3	+	May 14, 2019, read first time and referred to Committee on State
	4	+	Affairs; May 19, 2019, reported favorably by the following vote:
	5	+	Yeas 9, Nays 0; May 19, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to regulation of the display of signs containing political
6	12		advertising.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Title 15, Election Code, is amended by adding
9	15		Chapter 259, and a heading is added to that chapter to read as
10	16		follows:
11	17		CHAPTER 259. POLITICAL SIGNS
12	18		SECTION 2. Section 255.007, Election Code, is transferred
13	19		to Chapter 259, Election Code, as added by this Act, and
14	20		redesignated as Section 259.001, Election Code, to read as follows:
15	21		Sec. 259.001 [255.007]. NOTICE REQUIREMENT ON POLITICAL
16	22		ADVERTISING SIGNS. (a) The following notice must be written on
17	23		each political advertising sign:
18	24		"NOTICE: IT IS A VIOLATION OF STATE LAW (CHAPTERS 392 AND
19	25		393, TRANSPORTATION CODE), TO PLACE THIS SIGN IN THE RIGHT-OF-WAY
20	26		OF A HIGHWAY."
21	27		(b) A person commits an offense if the person:
22	28		(1) knowingly enters into a contract to print or make a
23	29		political advertising sign that does not contain the notice
24	30		required by Subsection (a); or
25	31		(2) instructs another person to place a political
26	32		advertising sign that does not contain the notice required by
27	33		Subsection (a).
28	34		(c) An offense under this section is a Class C misdemeanor.
29	35		(d) It is an exception to the application of Subsection (b)
30	36		that the political advertising sign was printed or made before
31	37		September 1, 1997, and complied with Subsection (a) as it existed
32	38		immediately before that date.
33	39		(e) In this section, "political advertising sign" means a
34	40		written form of political advertising designed to be seen from a
35	41		road but does not include a bumper sticker.
36	42		SECTION 3. Section 202.009, Property Code, is transferred
37	43		to Chapter 259, Election Code, as added by this Act, redesignated as
38	44		Section 259.002, Election Code, and amended to read as follows:
39	45		Sec. 259.002 [202.009]. REGULATION OF DISPLAY OF
40	46		POLITICAL SIGNS BY PROPERTY OWNERS' ASSOCIATION. (a) In this
41	47		section, "property owners' association" has the meaning assigned by
42	48		Section 202.001, Property Code.
43	49		(b) Except as otherwise provided by this section, a property
44	50		owners' association may not enforce or adopt a restrictive covenant
45	51		that prohibits a property owner from displaying on the owner's
46	52		property one or more signs advertising a [political] candidate or
47	53		measure [ballot item] for an election:
48	54		(1) on or after the 90th day before the date of the
49	55		election to which the sign relates; or
50	56		(2) before the 10th day after that election date.
51	57		(c) [(b)] This section does not prohibit the enforcement or
52	58		adoption of a covenant that:
53	59		(1) requires a sign to be ground-mounted; or
54	60		(2) limits a property owner to displaying only one
55	61		sign for each candidate or measure [ballot item].
56	62		(d) [(c)] This section does not prohibit the enforcement or
57	63		adoption of a covenant that prohibits a sign that:
58	64		(1) contains roofing material, siding, paving
59	65		materials, flora, one or more balloons or lights, or any other
60	66		similar building, landscaping, or nonstandard decorative
61	67		component;
62	68		(2) is attached in any way to plant material, a traffic
63	69		control device, a light, a trailer, a vehicle, or any other existing
64	70		structure or object;
65	71		(3) includes the painting of architectural surfaces;
66	72		(4) threatens the public health or safety;
67	73		(5) is larger than four feet by six feet;
68	74		(6) violates a law;
69	75		(7) contains language, graphics, or any display that
70	76		would be offensive to the ordinary person; or
71	77		(8) is accompanied by music or other sounds or by
72	78		streamers or is otherwise distracting to motorists.
73	79		(e) [(d)] A property owners' association may remove a sign
74	80		displayed in violation of a restrictive covenant permitted by this
75	81		section.
76	82		SECTION 4. Section 216.903, Local Government Code, is
77	83		transferred to Chapter 259, Election Code, as added by this Act, and
78	84		redesignated as Section 259.003, Election Code, to read as follows:
79	85		Sec. 259.003 [216.903]. REGULATION OF POLITICAL SIGNS BY
80	86		MUNICIPALITY. (a) In this section, "private real property" does
81	87		not include real property subject to an easement or other
82	88		encumbrance that allows a municipality to use the property for a
83	89		public purpose.
84	90		(b) A municipal charter provision or ordinance that
85	91		regulates signs may not, for a sign that contains primarily a
86	92		political message and that is located on private real property with
87	93		the consent of the property owner:
88	94		(1) prohibit the sign from being placed;
89	95		(2) require a permit or approval of the municipality
90	96		or impose a fee for the sign to be placed;
91	97		(3) restrict the size of the sign; or
92	98		(4) provide for a charge for the removal of a political
93	99		sign that is greater than the charge for removal of other signs
94	100		regulated by ordinance.
95	101		(c) Subsection (b) does not apply to a sign, including a
96	102		billboard, that contains primarily a political message on a
97	103		temporary basis and that is generally available for rent or
98	104		purchase to carry commercial advertising or other messages that are
99	105		not primarily political.
100	106		(d) Subsection (b) does not apply to a sign that:
101	107		(1) has an effective area greater than 36 feet;
102	108		(2) is more than eight feet high;
103	109		(3) is illuminated; or
104	110		(4) has any moving elements.
105	111		SECTION 5. Section 255.001(c), Election Code, is amended to
106	112		read as follows:
107	113		(c) A person may not knowingly use, cause or permit to be
108	114		used, or continue to use any published, distributed, or broadcast
109	115		political advertising containing express advocacy that the person
110	116		knows does not include the disclosure required by Subsection (a). A
111	117		person is presumed to know that the use of political advertising is
112	118		prohibited by this subsection if the commission notifies the person
113	119		in writing that the use is prohibited. A person who learns that
114	120		political advertising signs, as defined by Section 259.001
115	121		[255.007], that have been distributed do not include the disclosure
116	122		required by Subsection (a) or include a disclosure that does not
117	123		comply with Subsection (a) does not commit a continuing violation
118	124		of this subsection if the person makes a good faith attempt to
119	125		remove or correct those signs. A person who learns that printed
120	126		political advertising other than a political advertising sign that
121	127		has been distributed does not include the disclosure required by
122	128		Subsection (a) or includes a disclosure that does not comply with
123	129		Subsection (a) is not required to attempt to recover the political
124	130		advertising and does not commit a continuing violation of this
125	131		subsection as to any previously distributed political advertising.
126	132		SECTION 6. Section 571.1211(2), Government Code, is amended
127	133		to read as follows:
128	134		(2) "Category One violation" means a violation of a
129	135		law within jurisdiction of the commission as to which it is
130	136		generally not difficult to ascertain whether the violation occurred
131	137		or did not occur, including:
132	138		(A) the failure by a person required to file a
133	139		statement or report to:
134	140		(i) file the required statement or report
135	141		in a manner that complies with applicable requirements; or
136	142		(ii) timely file the required statement or
137	143		report;
138	144		(B) a violation of Section 255.001, Election
139	145		Code;
140	146		(C) a misrepresentation in political advertising
141	147		or a campaign communication relating to the office held by a person
142	148		in violation of Section 255.006, Election Code;
143	149		(D) a failure to include in any written political
144	150		advertising intended to be seen from a road the right-of-way notice
145	151		in violation of Section 259.001 [255.007], Election Code; or
146	152		(E) a failure to timely respond to a written
147	153		notice under Section 571.123(b).
148	154		SECTION 7. This Act takes effect September 1, 2019.
149		-	______________________________ ______________________________
150		-	President of the Senate Speaker of the House
151		-	I certify that H.B. No. 2554 was passed by the House on May
152		-	10, 2019, by the following vote: Yeas 141, Nays 0, 2 present, not
153		-	voting.
154		-	______________________________
155		-	Chief Clerk of the House
156		-	I certify that H.B. No. 2554 was passed by the Senate on May
157		-	22, 2019, by the following vote: Yeas 31, Nays 0.
158		-	______________________________
159		-	Secretary of the Senate
160		-	APPROVED: _____________________
161		-	Date
162		-	_____________________
163		-	Governor
	155	+	* * * * *