Texas 2025 - 89th Regular

Texas House Bill HB3611 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	89R22357 CXP-D
2		-	By: Curry, Simmons, Perez of Harris, H.B. No. 3611
3		-	Craddick, Rose, et al.
4		-	Substitute the following for H.B. No. 3611:
5		-	By: Curry C.S.H.B. No. 3611
	1	+	89R395 CXP-D
	2	+	By: Curry H.B. No. 3611
6	3
7	4
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9	6
10	7		A BILL TO BE ENTITLED
11	8		AN ACT
12	9		relating to the civil penalty for certain signs placed on the
13	10		right-of-way of a public road.
14	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15		-	SECTION 1. Section 393.001, Transportation Code, is amended
16		-	to read as follows:
17		-	Sec. 393.001. DEFINITIONS [DEFINITION]. In this chapter:
18		-	(1) "Person" includes a person's employee, agent,
19		-	independent contractor, assignee, business alter ego, and
20		-	successor in interest.
21		-	(2) "Sign" [, "sign"] means an outdoor sign, display,
22		-	light, device, figure, painting, drawing, message, plaque, poster,
23		-	or other thing designed, intended, or used to advertise or inform.
24		-	SECTION 2. Section 393.007, Transportation Code, is amended
25		-	by amending Subsections (a) and (b) and adding Subsection (a-1) to
26		-	read as follows:
	12	+	SECTION 1. Sections 393.007(a) and (b), Transportation
	13	+	Code, are amended to read as follows:
27	14		(a) A person who places or commissions the placement of or
28	15		whose commercial advertisement is placed on a sign on the
29	16		right-of-way of a public road that is not otherwise authorized by
30		-	law may be liable for a civil penalty, provided that, for a person's
31		-	first violation:
32		-	(1) the applicable political subdivision provides
33		-	written notice to the person that the person may be liable for a
34		-	civil penalty if the person fails to remove the sign within a
35		-	specified period; and
36		-	(2) the person fails to remove the sign within the
37		-	specified period.
38		-	(a-1) A district or county attorney or a municipal attorney
39		-	in the jurisdiction in which the placement of a sign on the
40		-	right-of-way of a public road is alleged to have occurred may sue to
41		-	collect the penalty.
	17	+	law may be liable for a civil penalty. A district or county
	18	+	attorney or a municipal attorney in the jurisdiction in which the
	19	+	placement of a sign on the right-of-way of a public road is alleged
	20	+	to have occurred may sue to collect the penalty.
42	21		(b) The amount of the civil penalty may not exceed:
43	22		(1) [is not less than $500 or more than] $1,000 for a
44	23		first [each] violation;
45	24		(2) $2,500 for a second violation; and
46	25		(3) $5,000 for a third or subsequent violation[,
47	26		depending on the seriousness of the violation and whether the
48	27		person has previously violated this chapter. A separate penalty
49	28		may be collected for each day a continuing violation occurs].
50		-	SECTION 3. The change in law made by this Act applies only
	29	+	SECTION 2. The change in law made by this Act applies only
51	30		to a violation that occurs on or after the effective date of this
52	31		Act. A violation that occurs before the effective date of this Act
53	32		is governed by the law in effect on the date the violation occurred,
54	33		and the former law is continued in effect for that purpose. For
55	34		purposes of this section, a violation occurs before the effective
56	35		date of this Act if any element of the violation occurs before that
57	36		date.
58		-	SECTION 4. This Act takes effect September 1, 2025.
	37	+	SECTION 3. This Act takes effect September 1, 2025.