Bill Text: TX HB3056 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to prohibiting billboards on cemetery property; providing a civil penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-04-20 - Left pending in committee [HB3056 Detail]
Download: Texas-2021-HB3056-Introduced.html
| 87R10575 EAS-D | ||
| By: Goodwin | H.B. No. 3056 | |
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| relating to prohibiting billboards on cemetery property; providing | ||
| a civil penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 711, Health and Safety | ||
| Code, is amended by adding Section 711.013 to read as follows: | ||
| Sec. 711.013. PROHIBITING BILLBOARDS ON CEMETERY PROPERTY. | ||
| (a) In this section, "billboard" means a separate and fixed | ||
| structure directly attached to the land or a building having one or | ||
| more spaces used to display an advertisement, whether or not the | ||
| structure is artificially lighted. | ||
| (b) A person may not erect or maintain a billboard on | ||
| cemetery property. A cemetery organization may not enter into a | ||
| contract or lease authorizing a billboard on cemetery property. | ||
| (c) The attorney general may bring an action against a | ||
| person who appears to be in violation of this section or is | ||
| threatening to violate this section. In an injunction issued under | ||
| this section, a court may include reasonable requirements to | ||
| prevent any further violations of this section. | ||
| (d) In addition to the injunctive relief provided by | ||
| Subsection (c), the attorney general may institute an action for | ||
| civil penalties against a person for a violation of this section. A | ||
| civil penalty assessed under this section may not exceed $1,000 for | ||
| each violation. Each day a violation occurs or continues to occur is | ||
| a separate violation for purposes of assessing a penalty under this | ||
| section. | ||
| (e) The attorney general may recover reasonable expenses | ||
| incurred in bringing an action under this section, including court | ||
| costs, attorney's fees, investigative costs, witness fees, and | ||
| deposition expenses. | ||
| (f) The attorney general shall file an action under this | ||
| section in Travis County or in the county in which the violation | ||
| occurred. | ||
| (g) A civil penalty recovered in an action by the attorney | ||
| general under this section shall be deposited in the general | ||
| revenue fund. | ||
| SECTION 2. (a) A billboard prohibited by Section 711.013, | ||
| Health and Safety Code, as added by this Act, that was erected on | ||
| cemetery property under a contract or lease entered into before the | ||
| effective date of this Act, must be dismantled or removed from the | ||
| cemetery on the expiration date of the existing contract or lease | ||
| between the cemetery organization and the billboard owner or | ||
| lessee, if applicable. | ||
| (b) A cemetery organization may not renew a contract or | ||
| lease for a billboard on or after the effective date of this Act. | ||
| SECTION 3. This Act takes effect September 1, 2021. | ||
