(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).
Added by Acts 2007, 80th Leg., R.S., Ch. 612 (H.B. 413), Sec. 10, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 68 (H.B. 875), Sec. 2, eff. May 20, 2009.
Acts 2025, 89th Leg., R.S., Ch. 278 (H.B. 3611), Sec. 2, eff. September 1, 2025.