 |
Texas Statutes (Last Updated: January 4, 2014) |
 |
TRANSPORTATION CODE |
|
Title 6. ROADWAYS |
|
Subtitle H. HIGHWAY BEAUTIFICATION |
|
Chapter 391. HIGHWAY BEAUTIFICATION ON INTERSTATE AND PRIMARY SYSTEMS AND CERTAIN ROADS |
|
Subchapter B. REGULATION OF OUTDOOR ADVERTISING GENERALLY |
Sec. 391.034. NUISANCE OUTDOOR ADVERTISING; INJUNCTION
-
(a) Outdoor advertising that is erected or maintained in violation of this chapter:
(1) endangers the health, safety, welfare, morals, convenience, 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 outdoor advertising that is a public nuisance under Subsection (a) shall remove the advertising. If the owner does not remove the outdoor advertising 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 advertising; and
(2) require the removal of the advertising.
(c) The state is entitled to recover from the owner of outdoor advertising removed under an action brought under Subsection (b) all administrative and legal costs and expenses incurred to remove the advertising, including court costs and reasonable attorney's fees.