HB3611 - Relating to the civil penalty for certain signs placed on the right-of-way of a public road.

      H.B. No. 3611         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.  Section 393.007, Transportation Code, is amended   by amending Subsections (a) and (b) and adding Subsection (a-1) 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 , provided that, for a person's   first violation:                 (1)     the applicable political subdivision provides   written notice to the person that the person may be liable for a   civil penalty if the person fails to remove the sign within a   specified period; and                 (2)     the person fails to remove the sign within the   specified period .           (a-1)   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.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 3611 was passed by the House on April   30, 2025, by the following vote:  Yeas 112, Nays 23, 2 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 3611 was passed by the Senate on May   19, 2025, by the following vote:  Yeas 26, Nays 5.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor