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AN ACT
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relating to civil liability for erecting or maintaining certain |
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outdoor signs or advertising. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 391.035(a), Transportation Code, is |
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amended to read as follows: |
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(a) In lieu of being subject to a criminal penalty, a person |
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who intentionally violates this subchapter or Subchapter C may be |
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liable [to the state] for a civil penalty. The attorney general or |
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a district or county attorney of the county in which the violation |
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is alleged to have occurred may sue to collect the penalty. |
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SECTION 2. Section 393.007, Transportation Code, is amended |
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by amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) A person who places or commissions the placement of a |
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sign on the right-of-way of a public road that is not otherwise |
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authorized by law may be liable [to the municipality] for a civil |
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penalty. A district or county attorney or a municipal attorney in |
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the jurisdiction in which the placement of a sign on the |
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right-of-way of a public road is alleged to have occurred may sue to |
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collect the penalty. |
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(d) A district or county attorney or a municipal attorney |
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may recover reasonable attorney's fees incurred in an action |
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brought under Subsection (a). |
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SECTION 3. (a) The changes in law made by this Act to |
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Sections 391.035(a) and 393.007, Transportation Code, apply only to |
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a violation described by those sections that occurs on or after the |
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effective date of this Act. For purposes of this section, a |
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violation occurs before the effective date of this Act if any |
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element of the violation occurs before that date. |
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(b) A violation that occurs before the effective date of |
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this Act is covered by the law in effect when the offense was |
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committed, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 875 was passed by the House on April |
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22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 875 was passed by the Senate on May |
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11, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |