Texas 2009 - 81st Regular

Texas House Bill HB3483 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R13550 JTS-D
2	2	By: Coleman H.B. No. 3483
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to county authority to prohibit off-premise signs on
8	8	certain roads and standards for off-premise signs.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 391, Transportation Code,
11	11	is amended by adding Section 391.006 to read as follows:
12	12	Sec. 391.006. DUTIES OF COMMISSION. The commission shall:
13	13	(1) administer and enforce this chapter; and
14	14	(2) adopt rules to regulate the erecting and
15	15	maintaining of a sign to which this chapter applies.
16	16	SECTION 2. Section 391.031, Transportation Code, is amended
17	17	by adding Subsection (c-1) to read as follows:
18	18	(c-1) For outdoor advertising located in an area located
19	19	outside the corporate boundaries and extraterritorial jurisdiction
20	20	of a municipality, the commission shall adopt rules under
21	21	Subsection (b)(4) relating to outdoor advertising in industrial or
22	22	commercial areas that:
23	23	(1) require an industrial or commercial area to
24	24	contain four or more adjacent businesses;
25	25	(2) limit outdoor advertising to the premises of a
26	26	business that is part of the industrial or commercial area;
27	27	(3) limit the height of each outdoor advertising sign
28	28	structure to not more than 25 feet in height;
29	29	(4) limit the face size of the outdoor advertising to
30	30	300 square feet or less, and do not allow face stacking or
31	31	side-by-side faces; and
32	32	(5) prohibit the use of internal or external lighting
33	33	for the outdoor advertising.
34	34	SECTION 3. Section 391.252, Transportation Code, is amended
35	35	by amending Subsection (a) and adding Subsection (d) to read as
36	36	follows:
37	37	(a) A person may not erect an off-premise sign that is
38	38	adjacent to and visible from:
39	39	(1) U.S. Highway 290 between the western city limits
40	40	of the city of Austin and the eastern city limits of the city of
41	41	Fredericksburg;
42	42	(2) State Highway 317 between the northern city limits
43	43	of the city of Belton to the southern city limits of the city of
44	44	Valley Mills;
45	45	(3) State Highway 16 between the northern city limits
46	46	of the city of Kerrville and Interstate Highway 20;
47	47	(4) U.S. Highway 77 between State Highway 186 and
48	48	State Highway 44;
49	49	(5) U.S. Highway 281 between:
50	50	(A) State Highway 186 and Interstate Highway 37,
51	51	exclusive of the segment of U.S. Highway 281 located in the city
52	52	limits of Three Rivers; and
53	53	(B) the southern boundary line of Comal County
54	54	and State Highway 306;
55	55	(6) State Highway 17 between State Highway 118 and
56	56	U.S. Highway 90;
57	57	(7) State Highway 67 between U.S. Highway 90 and
58	58	Farm-to-Market Road 170;
59	59	(8) Farm-to-Market Road 170 between State Highway 67
60	60	and State Highway 118;
61	61	(9) State Highway 118 between Farm-to-Market Road 170
62	62	and State Highway 17;
63	63	(10) State Highway 105 between the western city limits
64	64	of the city of Sour Lake to the eastern city limits of the city of
65	65	Cleveland;
66	66	(11) State Highway 73 between the eastern city limits
67	67	of the city of Winnie to the western city limits of the city of Port
68	68	Arthur;
69	69	(12) State Highway 21 between the southern city limits
70	70	of the city of College Station and U.S. Highway 290;
71	71	(13) a highway located in:
72	72	(A) the Sabine National Forest;
73	73	(B) the Davy Crockett National Forest; or
74	74	(C) the Sam Houston National Forest;
75	75	(14) Segments 1 through 4 of State Highway 130;
76	76	(15) a highway in Bandera County that is part of the
77	77	state highway system;
78	78	(16) Farm-to-Market Road 3238 beginning at State
79	79	Highway 71 and any extension of that road through Hays and Blanco
80	80	Counties;
81	81	(17) Farm-to-Market Road 2978 between Farm-to-Market
82	82	Road 1488 and the boundary line between Harris and Montgomery
83	83	Counties;
84	84	(18) U.S. Highway 90 between the western city limits
85	85	of the city of San Antonio and the eastern city limits of the city of
86	86	Hondo; [or]
87	87	(19) the following highways in Austin County:
88	88	(A) State Highway 159;
89	89	(B) Farm-to-Market Road 331;
90	90	(C) Farm-to-Market Road 529;
91	91	(D) Farm-to-Market Road 1094; and
92	92	(E) Farm-to-Market Road 2502; or
93	93	(20) after the date of written notice of the order to
94	94	the department, a public road or portion of a public road that:
95	95	(A) is located outside the corporate boundaries
96	96	and the extraterritorial jurisdiction of a municipality; and
97	97	(B) is designated by order of the commissioners
98	98	court of the county in which the road or portion of the road is
99	99	located as a road or segment to which this subsection applies.
100	100	(d) A commissioners court may adopt an order under
101	101	Subsection (a)(20) only after conducting a public hearing on the
102	102	proposed order.
103	103	SECTION 4. Subchapter A, Chapter 394, Transportation Code,
104	104	is amended by adding Section 394.006 to read as follows:
105	105	Sec. 394.006. DUTIES OF COMMISSION. The commission shall:
106	106	(1) administer and enforce this chapter; and
107	107	(2) adopt rules to regulate the erecting and
108	108	maintaining of a sign to which this chapter applies.
109	109	SECTION 5. Section 394.021, Transportation Code, is amended
110	110	by amending Subsection (b) and adding Subsection (b-2) to read as
111	111	follows:
112	112	(b) Except as otherwise authorized by this chapter, the
113	113	commission may not issue a permit for an off-premise sign unless the
114	114	sign is to be located:
115	115	(1) if located in the extraterritorial jurisdiction of
116	116	a municipality:
117	117	(A) within 800 feet of a recognized commercial or
118	118	industrial business activity or the office of a governmental
119	119	entity; and
120	120	(B) [(2)] on the same side of the road as the
121	121	business activity or the office of the governmental entity; or
122	122	(2) if located outside the corporate boundaries and
123	123	extraterritorial jurisdiction of a municipality, on the business
124	124	premises of a business that is part of a recognized commercial or
125	125	industrial business activity as determined by commission rule.
126	126	(b-2) For purposes of Subsection (b)(2), a recognized
127	127	commercial or industrial business activity must contain at least
128	128	four businesses that otherwise meet the criteria established by
129	129	commission rules for a recognized commercial or industrial
130	130	business.
131	131	SECTION 6. The heading to Section 394.041, Transportation
132	132	Code, is amended to read as follows:
133	133	Sec. 394.041. HEIGHT RESTRICTIONS FOR SIGNS IN MUNICIPAL
134	134	EXTRATERRITORIAL JURISDICTION.
135	135	SECTION 7. Section 394.041, Transportation Code, is amended
136	136	by adding Subsection (a-1) to read as follows:
137	137	(a-1) This section applies only to an off-premise sign
138	138	located in the extraterritorial jurisdiction of a municipality.
139	139	SECTION 8. Subchapter C, Chapter 394, Transportation Code,
140	140	is amended by adding Section 394.0411 to read as follows:
141	141	Sec. 394.0411. HEIGHT RESTRICTIONS FOR SIGNS LOCATED
142	142	OUTSIDE MUNICIPAL CORPORATE BOUNDARIES AND EXTRATERRITORIAL
143	143	JURISDICTION. An off-premise sign located outside the corporate
144	144	boundaries and extraterritorial jurisdiction of a municipality may
145	145	not be taller than 25 feet:
146	146	(1) excluding any cutout that extends above the
147	147	rectangular border; and
148	148	(2) measured from the highest point on the sign to the
149	149	grade level of the road from which the sign is viewed.
150	150	SECTION 9. The heading to Section 394.042, Transportation
151	151	Code, is amended to read as follows:
152	152	Sec. 394.042. FACE RESTRICTIONS FOR SIGNS IN MUNICIPAL
153	153	EXTRATERRITORIAL JURISDICTION.
154	154	SECTION 10. Section 394.042, Transportation Code, is
155	155	amended by adding Subsection (a-1) to read as follows:
156	156	(a-1) This section applies only to an off-premise sign
157	157	located in the extraterritorial jurisdiction of a municipality.
158	158	SECTION 11. Subchapter C, Chapter 394, Transportation Code,
159	159	is amended by adding Section 394.0421 to read as follows:
160	160	Sec. 394.0421. FACE RESTRICTIONS FOR SIGNS OUTSIDE
161	161	MUNICIPAL CORPORATE BOUNDARIES AND EXTRATERRITORIAL JURISDICTION.
162	162	The face area of an off-premise sign located outside the corporate
163	163	boundaries and extraterritorial jurisdiction of a municipality may
164	164	not be larger than 300 square feet, excluding a cutout, upright,
165	165	trim, or apron.
166	166	SECTION 12. Subchapter C, Chapter 394, Transportation Code,
167	167	is amended by adding Section 394.052 to read as follows:
168	168	Sec. 394.052. LIGHTING FOR OFF-PREMISE SIGNS LOCATED
169	169	OUTSIDE MUNICIPAL CORPORATE BOUNDARIES AND EXTRATERRITORIAL
170	170	JURISDICTION. Notwithstanding any other law, an off-premise sign
171	171	located outside the corporate boundaries and extraterritorial
172	172	jurisdiction of a municipality may not have internal or external
173	173	lighting.
174	174	SECTION 13. The changes in law made by this Act apply only
175	175	to outdoor advertising or a sign erected on or after the effective
176	176	date of this Act. Outdoor advertising or a sign erected before the
177	177	effective date of this Act is covered by the law in effect when the
178	178	outdoor advertising or sign was erected, and the former law is
179	179	continued in effect for that purpose.
180	180	SECTION 14. This Act takes effect September 1, 2009.