Relating to the civil penalty for certain signs placed on the right-of-way of a public road, the official text

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