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Texas Transportation Code - TRANSP § 393.007. Civil Penalty

Current as of January 01, 2024 | Updated by Findlaw Staff

(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)  $1,000 for a first violation;

(2) $2,500 for a second violation;  and

(3) $5,000 for a third or subsequent violation.

(c) A penalty collected under this section shall be deposited to the credit of the general fund of the municipality in which the violation occurred if collected by a municipal attorney, or to the credit of the county road and bridge fund of the county in which the violation occurred if collected by a district or county attorney.

(d) A district or county attorney or a municipal attorney may recover reasonable attorney's fees incurred in an action brought under Subsection (a).

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Cite this article: FindLaw.com - Texas Transportation Code - TRANSP § 393.007. Civil Penalty - last updated January 01, 2024 | https://codes.findlaw.com/tx/transportation-code/transp-sect-393-007/

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