Sec. 391.035. CIVIL PENALTY. (a) In lieu of being subject to a criminal penalty, a person who intentionally violates this subchapter or Subchapter C may be liable for a civil penalty. The attorney general or a district or county attorney of the county in which the violation is alleged to have occurred may sue to collect the penalty.
(b) The amount of the civil penalty is not less than $500 or more than $1,000 for each violation, depending on the seriousness of the violation. A separate penalty may be collected for each day a continuing violation occurs.
(c) A penalty collected under this section shall be deposited to the credit of the state highway fund if collected by the attorney general and 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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 442, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 611 (H.B. 412), Sec. 3, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 68 (H.B. 875), Sec. 1, eff. May 20, 2009.
Structure Texas Statutes
Subtitle H - Highway Beautification
Chapter 391 - Highway Beautification on Interstate and Primary Systems and Certain Roads
Subchapter B. Regulation of Commercial Signs Generally
Section 391.031. Unlawful Commercial Signs; Offense
Section 391.032. Regulation of Commercial Signs in Industrial or Commercial Area
Section 391.033. Acquisition of Commercial Signs by Commission
Section 391.034. Nuisance; Injunction
Section 391.035. Civil Penalty
Section 391.0355. Administrative Penalty
Section 391.036. Scope of Commission Responsibility
Section 391.0381. Violations by Certain Persons of Sign Height Provision: Permit Denial
Section 391.039. Spacing Requirements in Certain Municipalities