CHAPTER 80. TRESPASS: OUTDOOR SIGN
CIVIL PRACTICE AND REMEDIES CODE
TITLE 4. LIABILITY IN TORT
CHAPTER 80. TRESPASS: OUTDOOR SIGN
Sec. 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, Sec. 4.04(a), eff. Aug. 28,
1989.
Sec. 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, Sec. 4.04(a), eff. Aug. 28,
1989. Amended by Acts 1999, 76th Leg., ch. 440, Sec. 1, eff.
Sept. 1, 1999.
Sec. 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, Sec. 4.04(a), eff. Aug. 28,
1989. Amended by Acts 1999, 76th Leg., ch. 440, Sec. 1, eff.
Sept. 1, 1999.