| 1 | 1 | | By: Miles, et al. S.B. No. 190 |
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| 2 | 2 | | (Thierry) |
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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 civil penalty for certain signs placed on the |
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| 8 | 8 | | right-of-way of a public road. |
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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. Sections 393.007(a) and (b), Transportation |
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| 11 | 11 | | Code, are amended to read as follows: |
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| 12 | 12 | | (a) A person who places or commissions the placement of or |
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| 13 | 13 | | whose commercial advertisement is placed on a sign on the |
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| 14 | 14 | | right-of-way of a public road that is not otherwise authorized by |
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| 15 | 15 | | law may be liable for a civil penalty. A district or county |
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| 16 | 16 | | attorney or a municipal attorney in the jurisdiction in which the |
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| 17 | 17 | | placement of a sign on the right-of-way of a public road is alleged |
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| 18 | 18 | | to have occurred may sue to collect the penalty. |
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| 19 | 19 | | (b) The amount of the civil penalty may not exceed: |
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| 20 | 20 | | (1) [is not less than $500 or more than] $1,000 for a |
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| 21 | 21 | | first [each] violation; |
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| 22 | 22 | | (2) $2,500 for a second violation; and |
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| 23 | 23 | | (3) $5,000 for a third or subsequent violation[, |
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| 24 | 24 | | depending on the seriousness of the violation and whether the |
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| 25 | 25 | | person has previously violated this chapter. A separate penalty |
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| 26 | 26 | | may be collected for each day a continuing violation occurs]. |
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| 27 | 27 | | SECTION 2. The change in law made by this Act applies only |
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| 28 | 28 | | to a violation that occurs on or after the effective date of this |
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| 29 | 29 | | Act. A violation that occurs before the effective date of this Act |
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| 30 | 30 | | is governed by the law in effect on the date the violation occurred, |
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| 31 | 31 | | and the former law is continued in effect for that purpose. For |
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| 32 | 32 | | purposes of this section, a violation occurs before the effective |
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| 33 | 33 | | date of this Act if any element of the violation occurs before that |
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| 34 | 34 | | date. |
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| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2023. |
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