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Section 391.034. Nuisance; Injunction

TX Transp Code § 391.034 (2019) (N/A)
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Sec. 391.034. NUISANCE; INJUNCTION. (a) A commercial sign that is erected or maintained in violation of this chapter:

(1) endangers the health, safety, welfare, morals, and enjoyment of the traveling public and the protection of the public investment in the interstate and primary highway systems; and

(2) is a public nuisance.

(b) On written notice by certified mail from the department, an owner of a commercial sign that is a public nuisance under Subsection (a) shall remove the sign. If the owner does not remove the sign within 45 days of the date of the notice, the department may direct the attorney general to apply for an injunction to:

(1) prohibit the owner from maintaining the sign; and

(2) require the removal of the sign.

(c) The state is entitled to recover from the owner of a commercial sign removed under an action brought under Subsection (b) all administrative and legal costs and expenses incurred to remove the sign, including court costs and reasonable attorney's fees.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 10, eff. June 15, 2017.

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