By: Miles S.B. No. 284
(In the Senate - Filed November 12, 2024; February 3, 2025,
read first time and referred to Committee on Transportation;
March 13, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 4; March 13, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 284 By: West
A BILL TO BE ENTITLED
AN ACT
relating to the civil penalty for certain signs placed on the
right-of-way of a public road.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 393.001, Transportation Code, is amended
to read as follows:
Sec. 393.001. DEFINITIONS [DEFINITION]. In this chapter:
(1) "Person" includes a person's employee, agent,
independent contractor, assignee, business alter ego, and
successor in interest.
(2) "Sign" [, "sign"] means an outdoor sign, display,
light, device, figure, painting, drawing, message, plaque, poster,
or other thing designed, intended, or used to advertise or inform.
SECTION 2. Sections 393.007(a) and (b), Transportation
Code, are amended to read as follows:
(a) A person who places or commissions the placement of or
whose commercial advertisement is placed on a sign on the
right-of-way of a public road that is not otherwise authorized by
law may be liable for a civil penalty. A district or county
attorney or a municipal attorney in the jurisdiction in which the
placement of a sign on the right-of-way of a public road is alleged
to have occurred may sue to collect the penalty.
(b) The amount of the civil penalty may not exceed:
(1) [is not less than $500 or more than] $1,000 for a
first [each] violation;
(2) $2,500 for a second violation; and
(3) $5,000 for a third or subsequent violation[,
depending on the seriousness of the violation and whether the
person has previously violated this chapter. A separate penalty
may be collected for each day a continuing violation occurs].
SECTION 3. The change in law made by this Act applies only
to a violation that occurs on or after the effective date of this
Act. A violation that occurs before the effective date of this Act
is governed by the law in effect on the date the violation occurred,
and the former law is continued in effect for that purpose. For
purposes of this section, a violation occurs before the effective
date of this Act if any element of the violation occurs before that
date.
SECTION 4. This Act takes effect September 1, 2025.
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