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AN ACT
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relating to erecting certain signs on certain rights-of-way; |
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providing penalties. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Section 392.0325, Transportation Code, is |
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amended by adding Subsections (c) and (d) to read as follows: |
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�������(c)��This subchapter does not apply to a temporary |
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directional sign or kiosk erected by a political subdivision as |
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part of a program approved by the department and administered by the |
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political subdivision on a highway within the boundaries of the |
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political subdivision. |
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�������(d)��This subchapter does not apply to a sign placed in the |
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right-of-way by a public utility or its contractor for purposes of |
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the utility. |
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�������SECTION�2.��Subchapter B, Chapter 392, Transportation Code, |
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is amended by adding Section 392.0355 to read as follows: |
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�������Sec.�392.0355.��CIVIL PENALTY. (a) �A person who places or |
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commissions the placement of a sign on a state highway right-of-way |
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that is not otherwise authorized by law may be liable for a civil |
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penalty. The attorney general or a district or county attorney of |
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the county in which the placement of a sign on a state highway |
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right-of-way is alleged to have occurred may sue to collect the |
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penalty. |
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�������(b)��The amount of the civil penalty is not less than $500 or |
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more than $1,000 for each violation, depending on the seriousness |
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of the violation and whether the person has previously violated |
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this chapter. A separate penalty may be collected for each day a |
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continuing violation occurs. |
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�������(c)��A penalty collected under this section shall be |
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deposited to the credit of the state highway fund if collected by |
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the attorney general and to the credit of the county road and bridge |
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fund of the county in which the violation occurred if collected by a |
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district or county attorney. |
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�������SECTION�3.��Section 392.036, Transportation Code, is amended |
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to read as follows: |
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�������Sec. 392.036.��DEFENSE. �It is a defense to prosecution or |
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suit for a violation under this chapter if [Section 392.032 that] at |
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the time of the alleged violation[:
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�������������[(1)]��the defendant is a candidate for elective public |
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office[;] and |
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�������������[(2)]��the sign is placed: |
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�������������(1)�[(A)]��by a person other than the defendant; |
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�������������������[(B)��without the knowledge of the defendant;] and |
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�������������(2)�[(C)]��in connection with a campaign for an |
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elective public office by the defendant. |
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�������SECTION�4.��Section 393.002, Transportation Code, is amended |
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to read as follows: |
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�������Sec.�393.002.��SIGN PLACEMENT PROHIBITED. Except as |
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provided by Sections�[Section] 393.0025 and 393.0026, a person may |
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not place a sign on the right-of-way of a public road unless the |
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placement of the sign is authorized by state law. |
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�������SECTION�5.��Chapter 393, Transportation Code, is amended by |
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adding Section 393.0026 to read as follows: |
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�������Sec.�393.0026.��EXCEPTION. (a) �This chapter does not apply |
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to a temporary directional sign or kiosk erected by a political |
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subdivision as part of a program approved by the department and |
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administered by the political subdivision on a highway within the |
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boundaries of the political subdivision. |
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�������(b)��This chapter does not apply to a sign placed in the |
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right-of-way by a public utility or its contractor for purposes of |
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the utility. |
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�������SECTION�6.��Section 393.003(a), Transportation Code, is |
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amended to read as follows: |
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�������(a)��A sheriff, [or] constable, or other trained volunteer |
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authorized by the commissioners court of a county may confiscate a |
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sign placed in violation of Section 393.002. |
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�������SECTION�7.��Section 393.004, Transportation Code, is amended |
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by adding Subsection (d) to read as follows: |
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�������(d)��The sheriff, constable, or other trained volunteer |
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authorized by the commissioners court may discard a sign of less |
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than $25 in value without giving the notice required by Section |
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393.003. |
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�������SECTION�8.��Section 393.005(a), Transportation Code, is |
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amended to read as follows: |
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�������(a)��A person commits an offense if the person places a sign |
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in violation of this chapter [Section 393.002]. |
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�������SECTION�9.��Section 393.006, Transportation Code, is amended |
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to read as follows: |
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�������Sec.�393.006.��DEFENSE. It is a defense to prosecution or |
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suit under this chapter [Section 393.005] that[:
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�������������[(1)]��the defendant was a candidate for an elective |
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public office[;] and |
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�������������[(2)]��the sign is placed: |
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�������������(1)�[(A)]��by a person other than the defendant; |
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�������������������[(B)��without the knowledge of the defendant;] and |
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�������������(2)�[(C)]��in connection with a campaign for an |
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elective public office by the defendant. |
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�������SECTION�10.��Chapter 393, Transportation Code, is amended by |
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adding Section 393.007 to read as follows: |
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�������Sec.�393.007.��CIVIL PENALTY. (a) �A person who places or |
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commissions the placement of a sign on the right-of-way of a public |
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road that is not otherwise authorized by law may be liable to the |
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municipality for a civil penalty. A district or county attorney or |
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a municipal attorney in the jurisdiction in which the placement of a |
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sign on the right-of-way of a public road is alleged to have |
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occurred may sue to collect the penalty. |
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�������(b)��The amount of the civil penalty is not less than $500 or |
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more than $1,000 for each violation, depending on the seriousness |
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of the violation and whether the person has previously violated |
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this chapter. A separate penalty may be collected for each day a |
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continuing violation occurs. |
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�������(c)��A penalty collected under this section shall be |
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deposited to the credit of the general fund of the municipality in |
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which the violation occurred if collected by a municipal attorney, |
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or to the credit of the county road and bridge fund of the county in |
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which the violation occurred if collected by a district or county |
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attorney. |
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�������SECTION�11.��Section 26.045, Government Code, is amended by |
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amending Subsection (c) and adding Subsection (f) to read as |
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follows: |
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�������(c)��Except as provided by Subsections [Subsection] (d) and |
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(f), a county court that is in a county with a criminal district |
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court does not have any criminal jurisdiction. |
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�������(f)��A county court has concurrent jurisdiction with a |
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municipal court in cases that arise in the municipality's |
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extraterritorial jurisdiction and that arise under an ordinance of |
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the municipality applicable to the extraterritorial jurisdiction |
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under Section 216.902, Local Government Code. |
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�������SECTION�12.��Section 27.031, Government Code, is amended by |
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adding Subsection (c) to read as follows: |
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�������(c)��A justice court has concurrent jurisdiction with a |
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municipal court in cases that arise in the municipality's |
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extraterritorial jurisdiction and that arise under an ordinance of |
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the municipality applicable to the extraterritorial jurisdiction |
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under Section 216.902, Local Government Code. |
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�������SECTION�13.��Article 4.11, Code of Criminal Procedure, is |
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amended by adding Subsection (c) to read as follows: |
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�������(c)��A justice court has concurrent jurisdiction with a |
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municipal court in criminal cases that arise in the municipality's |
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extraterritorial jurisdiction and that arise under an ordinance of |
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the municipality applicable to the extraterritorial jurisdiction |
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under Section 216.902, Local Government Code. |
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�������SECTION�14.��(a) The changes in law made by this Act to |
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Chapters 392 and 393, Transportation Code, apply only to an offense |
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committed on or after the effective date of this Act. For purposes |
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of this section, an offense is committed before the effective date |
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of this Act if any element of the offense occurs before that date. |
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�������(b)��An offense committed before the effective date of this |
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Act is covered by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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�������SECTION�15.��This Act takes effect September 1, 2007. |
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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. 413 was passed by the House on April |
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13, 2007, by the following vote:��Yeas 143, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 413 on May 21, 2007, by the following vote:��Yeas 140, Nays 0, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House��� |
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�������I certify that H.B. No. 413 was passed by the Senate, with |
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amendments, on May 17, 2007, by the following vote:��Yeas 30, Nays |
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1. |
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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������� |