Overall Vote Recommendation

Vote No; Amend

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

SB 284 proposes amendments to the Texas Transportation Code regarding unauthorized signage on public road right-of-ways. The bill expands the definition of "person" to include not only individuals but also their employees, agents, independent contractors, business alter egos, and successors in interest, increasing the scope of liability for unauthorized sign placement. This change aims to ensure that those indirectly involved in illegal signage, such as business owners or advertising agencies, can be held accountable.

The bill also revises civil penalties for unauthorized signs, removing the previous penalty range of $500 to $1,000 per violation and instead implementing a tiered system: a maximum fine of $1,000 for the first violation, $2,500 for the second, and $5,000 for third and subsequent violations. Additionally, the legislation clarifies that district attorneys, county attorneys, or municipal attorneys in the affected jurisdiction have the authority to sue for collection of these penalties.

SB 284 will apply only to violations occurring on or after the effective date. Existing violations prior to this date will be governed by the law in effect at the time. The bill’s intent is to discourage unauthorized advertising that clutters public spaces while streamlining enforcement procedures for local governments.

The Committee Substitute for SB 284 introduces several key changes compared to the Filed Version. The most significant difference is the expanded definition of "person," which now includes employees, agents, independent contractors, business alter egos, and successors in interest. This broadens liability beyond just business owners or advertisers, potentially holding individuals responsible even if they were acting under someone else’s direction.

Additionally, while both versions establish a tiered penalty system for unauthorized signage on public road right-of-ways, the committee substitute removes prior language that allowed penalties to be adjusted based on the severity of the violation. Instead, the substitute enforces fixed fines—$1,000 for a first violation, $2,500 for a second, and $5,000 for subsequent offenses—regardless of circumstances. Another major change is the elimination of penalties for continuing violations, meaning that fines will not accumulate on a daily basis.

Overall, the committee substitute strengthens enforcement mechanisms but removes discretion in the penalty assessment. By expanding liability and establishing strict, non-adjustable fines, the revised bill may have a stronger deterrent effect.

Author

Borris Miles

Contact the Author

Sen. Borris Miles

Capitol Phone:

(512) 463-0113

Capitol Office:

CAP 3E.12

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

The fiscal implications of SB 284 are minimal, according to the Legislative Budget Board (LBB). The bill does not anticipate any significant financial impact on the state government, as any costs associated with enforcing the new civil penalties can be absorbed within existing resources. This suggests that no additional appropriations or staffing increases would be required at the state level to implement the bill.

Similarly, local governments are not expected to experience any significant fiscal burden. While municipalities, counties, and district attorneys will have the authority to sue violators to collect penalties, the costs of enforcement and litigation are assumed to be manageable within their current budgets. Moreover, potential revenue increases from collected fines are not projected to be substantial enough to impact local budgets significantly.

In summary, SB 284's fiscal impact is expected to be neutral, with no major costs imposed on the state or local governments. The bill primarily strengthens enforcement mechanisms without requiring new financial resources for implementation.

Vote Recommendation Notes

SB 284 aims to strengthen enforcement against unauthorized commercial signage on public road right-of-ways by increasing civil penalties and expanding liability to businesses advertised on such signs. The bill addresses a persistent issue where violators either deny responsibility or treat fines as a minor cost of doing business. By increasing penalties and broadening liability, SB 284 seeks to create a stronger deterrent against illegal signage that can clutter public spaces and diminish neighborhood aesthetics.

However, while the bill reinforces private property rights and limited government in managing public spaces, it raises concerns regarding individual liberty and free enterprise. The expanded definition of "person" includes employees, agents, and contractors, which could unfairly penalize individuals with limited control over advertising decisions. Additionally, the removal of penalty discretion and daily violation accrual may disproportionately impact small businesses, particularly those unaware of third-party advertising practices.

Given these concerns, an amendment is necessary to clarify liability, ensuring penalties target only those who knowingly authorize sign placement rather than employees or contractors acting under direction. A graduated warning system for first-time offenders could also balance enforcement with fairness. With these revisions, the bill would better align with principles of individual responsibility, free enterprise, and limited government. Therefore, Texas Policy Research recommends that lawmakers vote NO on SB 284 unless amended as described above.

Related Legislation

HB 3611 (Same As)

View Bill Text and Status