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Section 6: Enforcement

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Administrative Hearing

If an outdoor advertising license is permanently suspended or revoked or if an existing sign permit is canceled, the licensee will have an opportunity to request an administrative hearing.

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Removal of Sign

If a permit expires without renewal, is canceled without reinstatement, or if a sign other than an exempt sign is erected or maintained without a permit, the owner of the involved sign and sign structure shall, upon written notification by the department, remove the sign or sign structure at no cost to the State.

If the owner does not remove the sign within forty-five (45) days of the day that the demand is sent, the department will remove the sign and will charge the sign owner for the cost of removal, including the cost of any court proceedings.

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Penalties for Erecting a Sign without a Permit

Any person who willfully violates any provision of the Transportation Code, Chapter 391, or a rule adopted by the Texas Transportation Commission under Chapter 391, is subject to a fine for a misdemeanor, punishable by a fine of not less than $500.00 nor more than $1,000.00 for each violation. Each day a person is in violation constitutes a separate offense.

Further, if the owner of a sign erected or maintained in violation of applicable laws and regulations does not remove the structure within 45 days of the date of the violation notice, TxDOT may direct the Office of the Attorney General to seek an injunction (1) to prohibit the owner from maintaining the advertising, and (2) to require removal of the structure.

The State is entitled to recover from the owner all administrative and legal costs and expenses incurred to remove the sign structure, including court costs and reasonable attorney's fees.

In addition to being subject to a criminal penalty and injunctive action, a person who intentionally erects or maintains a sign in violation of the law and/or regulations is liable to the State for a civil penalty, which the Office of the Attorney General may sue to collect. The amount of the civil penalty is not less than $500.00 or more than $1,000.00 for each violation, depending upon the seriousness of the violation. A separate penalty may be collected for each day a continuing violation occurs.

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Administrative Penalties

The department may impose administrative penalties against a person who intentionally violates the Transportation Code or Chapter 391.

The amount of the administrative penalty may not exceed the maximum amount of a civil penalty that may be imposed under Transportation Code, §391.035 and will based on the following:

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  • $150 for not having a permit plate attached to the sign structure;
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  • $250 for a sign not having been properly registered;
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  • $250 for erecting a sign at the location other than the location specified on the permit application, except that if the actual sign location does not conform then the department will seek cancellation of the permit;
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  • $500 for maintaining or repairing signs from the state right of way or for performing maintenance on a conforming sign without first obtaining an amended permit;
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  • $1,000 for erecting a sign from the right of way.
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