LegalTips.ORG - Texas CIVIL PRACTICE & REMEDIES CODE



CIVIL PRACTICE & REMEDIES CODE

CHAPTER 80. TRESPASS:  OUTDOOR SIGN


	§ 80.001.  DEFINITION.  In this chapter, 'sign' means an 
outdoor structure, sign, display, light device, figure, painting, 
drawing, message, plaque, poster, billboard, or any other thing 
that is designed, intended, or used to advertise or inform.

Added by Acts 1989, 71st Leg., ch. 2, § 4.04(a), eff. Aug. 28, 
1989.     


	§ 80.002.  TRESPASS.  A trespass occurs when an 
individual:               
		(1)  erects or places a sign on premises without the 
permission of the owner of the premises;  or
		(2)  after the expiration or termination of an 
agreement with the owner of the premises for the erection, 
placement, or maintenance of a sign on the premises and before the 
expiration of the period described by Section 80.003(b)(2), fails 
to remove or abandons a sign or fails to obtain from the owner of the 
premises permission for the continued use or maintenance of the 
sign on the premises.

Added by Acts 1989, 71st Leg., ch. 2, § 4.04(a), eff. Aug. 28, 
1989.  Amended by Acts 1999, 76th Leg., ch. 440, § 1, eff. Sept. 
1, 1999.


	§ 80.003.  DAMAGES.  (a)  The owner of the premises is 
entitled to recover damages equal to the amount of payments 
received by or accruing to the owner of the sign from the rental, 
sale, lease, or other use of the sign during the period after the 
expiration of the 30th day after the date on which the written 
notice required by Subsection (b)(1) is received and before the 
date on which the sign is removed or permission for the continued 
use or maintenance of the sign is obtained.
	(b)  The owner of the premises may not recover damages for 
trespass under this section unless:
		(1)  the owner of the premises sends, by certified 
mail, return receipt requested, to the owner of the sign written 
demand for removal of the sign, stating in detail the act 
constituting the trespass and the location where the sign has been 
erected, placed, or maintained;  and
		(2)  the owner of the sign fails to remove the sign or 
obtain permission from the owner of the premises for the continued 
use or maintenance of the sign before the 30th day after the date on 
which the notice described by Subdivision (1) was received.

Added by Acts 1989, 71st Leg., ch. 2, § 4.04(a), eff. Aug. 28, 
1989.  Amended by Acts 1999, 76th Leg., ch. 440, § 1, eff. Sept. 
1, 1999.