CIVIL PENALTY

(a) A person who places or commissions the placement of or whose commercial advertisement is placed on a sign on the right-of-way of a public road that is not otherwise authorized by law may be liable for a civil penalty, provided that, for a person's first violation: (1) the applicable political subdivision provides written notice to the person that the person may be liable for a civil penalty if the person fails to remove the sign within a specified period; and (2) the person fails to remove the sign within the specified period. (a-1) A district or county attorney or a municipal attorney in the jurisdiction in which the placement of a sign on the right-of-way of a public road is alleged to have occurred may sue to collect the penalty. (b) The amount of the civil penalty may not exceed: (1) $1,000 for a first violation; (2) $2,500 for a second violation; and (3) $5,000 for a third or subsequent violation. (c) A penalty collected under this section shall be deposited to the credit of the general fund of the municipality in which the violation occurred if collected by a municipal attorney, or to the credit of the county road and bridge fund of the county in which the violation occurred if collected by a district or county attorney. (d) A district or county attorney or a municipal attorney may recover reasonable attorney's fees incurred in an action brought under Subsection (a).