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.