Bill Text: TX HB2601 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the removal of political signs from private property; providing a penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-12 - Placed on General State Calendar [HB2601 Detail]
Download: Texas-2011-HB2601-Introduced.html
82R10656 NC-D | ||
By: Nash | H.B. No. 2601 |
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relating to the removal of political signs from private property; | ||
providing a penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 180, Local Government Code, is amended | ||
by adding Section 180.007 to read as follows: | ||
Sec. 180.007. UNLAWFUL REMOVAL OF POLITICAL SIGN BY PUBLIC | ||
OFFICIAL. (a) In this section, "public official" means a member | ||
of the governing body or another officer, whether elected, | ||
appointed, paid, or unpaid, of any district, county, municipality, | ||
precinct, or other local governmental entity who exercises | ||
responsibilities beyond those that are advisory in nature. | ||
(b) A public official may not remove or require a person to | ||
remove a political sign from the person's private real property | ||
that is placed on the property in compliance with an applicable law. | ||
(c) A public official who violates Subsection (b) is liable | ||
to the state for a civil penalty in an amount of not less than $500 | ||
or more than $1,000. | ||
(d) The county attorney may recover a penalty under this | ||
section in a suit brought on behalf of the state. Money collected | ||
under this section shall be paid to the comptroller for deposit in | ||
the general revenue fund. | ||
SECTION 2. Chapter 202, Property Code, is amended by adding | ||
Section 202.010 to read as follows: | ||
Sec. 202.010. UNLAWFUL PROHIBITION OF POLITICAL SIGN. In | ||
addition to other remedies provided by law, a property owner may | ||
recover from a property owners' association that prohibits the | ||
property owner from displaying a political sign or causes the | ||
removal of the sign in violation of Section 202.009: | ||
(1) a penalty in an amount of not less than $500 or | ||
more than $1,000; | ||
(2) actual damages caused by the property owners' | ||
association; | ||
(3) court costs; and | ||
(4) reasonable attorney's fees. | ||
SECTION 3. This Act takes effect September 1, 2011. |