HBA-NIK S.B. 1220 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1220
By: Moncrief
Transportation
5/11/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, the Federal Highway Beautification Act of 1965 controls the
placements of billboards and requires the screening of junkyards along
interstate and federal primary highways. If a state fails to maintain
"effective control" according to the federal statute, the state may be
penalized up to 10 percent of the annual federal highway apportionment.
Texas complies with the law through the Texas Highway Beautification Act,
adopted in 1972, currently codified under Chapter 391 (Highway
Beautification on Interstate and Primary Systems), Transportation Code, and
enforced by the Texas Department of Transportation (department).  However,
the department does not have the authority to impose civil penalties for
violations relating to improper outdoor advertising or lack of screening
for junkyards. The only penalty is a criminal penalty. S.B. 1220 expands
certain penalty provisions within the chapter and provides the department
with more authority and greater flexibility to enforce the provisions.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 391.035, Transportation Code, as follows:

Sec. 391.035. New title: CIVIL PENALTY.  Provides that in addition to being
subject to a criminal penalty or injunctive action, a person who
intentionally violates this subchapter (Regulation of Outdoor Advertising
Generally) or Subchapter C (License and Permit for Outdoor Advertising) is
liable to the state for a civil penalty. 

SECTION 2. Amends Subchapter E, Chapter 391, Transportation Code, by adding
Sections 391.125, 391.126, and 391.127, as follows: 

Sec. 391.125. INJUNCTION  TO REQUIRE SCREENING. (a)  Requires an owner of a
junkyard that is established, operated, or maintained in violation of this
subchapter (Regulation of Junkyards and Automobile Graveyards) or a rule
adopted under this subchapter to screen the junkyard in accordance with
Section 391.121 (Prohibited Junkyard; Offense) on written notice by
certified mail from the Texas Department of Transportation (department).
Authorizes the department to request the attorney general to apply for an
injunction to require the screening of the junkyard if the owner does not
screen the junkyard within 45 days of the date of the notice. 

(b) Entitles the state, under an action brought under Subsection (a), to
recover from the owner of a junkyard all administrative and legal costs and
expenses incurred to require the screening of the junkyard, including court
costs and reasonable attorney's fees. 

Sec. 391.126. CIVIL PENALTY. Provides that a person who intentionally
violates this subchapter is liable to the state for a civil penalty, in
addition to being subject to a criminal penalty or injunctive action.
Authorizes the attorney general to sue to collect the penalty. Provides
that the amount of a civil penalty under this section is not less than $500
or more  than $1,000 for each violation, depending on the seriousness of
the violation. Authorizes a separate penalty to be collected for each day a
continuing violation occurs. 

Sec. 391.127. SALVAGE VEHICLE DEALER LICENSE. Authorizes the Texas
Transportation Commission (commission) to revoke or suspend a license under
Article 66871a, (Salvage Vehicle Dealers), V.T.C.S., or place on probation
a license holder whose license is suspended, if the license holder violates
this chapter or a rule adopted under this chapter. 

SECTION 3. Amends Subchapter B, Chapter 392, Transportation Code, by adding
Section 392.0315, as follows: 

Sec. 392.0315. NONAPPLICABILITY. Provides that this subchapter (Signs on
State Highway Right-of-Way) does not apply to a sign that is attached to a
building located on property other than a state highway right-of-way, and
extends over the state highway rightof-way in a manner that does not
interfere with the current use of the right-of-way or pose a hazard. 

SECTION 4. Emergency clause.
Effective date: upon passage.