CHAPTER 80. TRESPASS: OUTDOOR SIGN - Texas Statutes

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.