81R13550 JTS-D
By: Coleman H.B. No. 3483
A BILL TO BE ENTITLED
AN ACT
relating to county authority to prohibit off-premise signs on
certain roads and standards for off-premise signs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 391, Transportation Code,
is amended by adding Section 391.006 to read as follows:
Sec. 391.006. DUTIES OF COMMISSION. The commission shall:
(1) administer and enforce this chapter; and
(2) adopt rules to regulate the erecting and
maintaining of a sign to which this chapter applies.
SECTION 2. Section 391.031, Transportation Code, is amended
by adding Subsection (c-1) to read as follows:
(c-1) For outdoor advertising located in an area located
outside the corporate boundaries and extraterritorial jurisdiction
of a municipality, the commission shall adopt rules under
Subsection (b)(4) relating to outdoor advertising in industrial or
commercial areas that:
(1) require an industrial or commercial area to
contain four or more adjacent businesses;
(2) limit outdoor advertising to the premises of a
business that is part of the industrial or commercial area;
(3) limit the height of each outdoor advertising sign
structure to not more than 25 feet in height;
(4) limit the face size of the outdoor advertising to
300 square feet or less, and do not allow face stacking or
side-by-side faces; and
(5) prohibit the use of internal or external lighting
for the outdoor advertising.
SECTION 3. Section 391.252, Transportation Code, is amended
by amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) A person may not erect an off-premise sign that is
adjacent to and visible from:
(1) U.S. Highway 290 between the western city limits
of the city of Austin and the eastern city limits of the city of
Fredericksburg;
(2) State Highway 317 between the northern city limits
of the city of Belton to the southern city limits of the city of
Valley Mills;
(3) State Highway 16 between the northern city limits
of the city of Kerrville and Interstate Highway 20;
(4) U.S. Highway 77 between State Highway 186 and
State Highway 44;
(5) U.S. Highway 281 between:
(A) State Highway 186 and Interstate Highway 37,
exclusive of the segment of U.S. Highway 281 located in the city
limits of Three Rivers; and
(B) the southern boundary line of Comal County
and State Highway 306;
(6) State Highway 17 between State Highway 118 and
U.S. Highway 90;
(7) State Highway 67 between U.S. Highway 90 and
Farm-to-Market Road 170;
(8) Farm-to-Market Road 170 between State Highway 67
and State Highway 118;
(9) State Highway 118 between Farm-to-Market Road 170
and State Highway 17;
(10) State Highway 105 between the western city limits
of the city of Sour Lake to the eastern city limits of the city of
Cleveland;
(11) State Highway 73 between the eastern city limits
of the city of Winnie to the western city limits of the city of Port
Arthur;
(12) State Highway 21 between the southern city limits
of the city of College Station and U.S. Highway 290;
(13) a highway located in:
(A) the Sabine National Forest;
(B) the Davy Crockett National Forest; or
(C) the Sam Houston National Forest;
(14) Segments 1 through 4 of State Highway 130;
(15) a highway in Bandera County that is part of the
state highway system;
(16) Farm-to-Market Road 3238 beginning at State
Highway 71 and any extension of that road through Hays and Blanco
Counties;
(17) Farm-to-Market Road 2978 between Farm-to-Market
Road 1488 and the boundary line between Harris and Montgomery
Counties;
(18) U.S. Highway 90 between the western city limits
of the city of San Antonio and the eastern city limits of the city of
Hondo; [or]
(19) the following highways in Austin County:
(A) State Highway 159;
(B) Farm-to-Market Road 331;
(C) Farm-to-Market Road 529;
(D) Farm-to-Market Road 1094; and
(E) Farm-to-Market Road 2502; or
(20) after the date of written notice of the order to
the department, a public road or portion of a public road that:
(A) is located outside the corporate boundaries
and the extraterritorial jurisdiction of a municipality; and
(B) is designated by order of the commissioners
court of the county in which the road or portion of the road is
located as a road or segment to which this subsection applies.
(d) A commissioners court may adopt an order under
Subsection (a)(20) only after conducting a public hearing on the
proposed order.
SECTION 4. Subchapter A, Chapter 394, Transportation Code,
is amended by adding Section 394.006 to read as follows:
Sec. 394.006. DUTIES OF COMMISSION. The commission shall:
(1) administer and enforce this chapter; and
(2) adopt rules to regulate the erecting and
maintaining of a sign to which this chapter applies.
SECTION 5. Section 394.021, Transportation Code, is amended
by amending Subsection (b) and adding Subsection (b-2) to read as
follows:
(b) Except as otherwise authorized by this chapter, the
commission may not issue a permit for an off-premise sign unless the
sign is to be located:
(1) if located in the extraterritorial jurisdiction of
a municipality:
(A) within 800 feet of a recognized commercial or
industrial business activity or the office of a governmental
entity; and
(B) [(2)] on the same side of the road as the
business activity or the office of the governmental entity; or
(2) if located outside the corporate boundaries and
extraterritorial jurisdiction of a municipality, on the business
premises of a business that is part of a recognized commercial or
industrial business activity as determined by commission rule.
(b-2) For purposes of Subsection (b)(2), a recognized
commercial or industrial business activity must contain at least
four businesses that otherwise meet the criteria established by
commission rules for a recognized commercial or industrial
business.
SECTION 6. The heading to Section 394.041, Transportation
Code, is amended to read as follows:
Sec. 394.041. HEIGHT RESTRICTIONS FOR SIGNS IN MUNICIPAL
EXTRATERRITORIAL JURISDICTION.
SECTION 7. Section 394.041, Transportation Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) This section applies only to an off-premise sign
located in the extraterritorial jurisdiction of a municipality.
SECTION 8. Subchapter C, Chapter 394, Transportation Code,
is amended by adding Section 394.0411 to read as follows:
Sec. 394.0411. HEIGHT RESTRICTIONS FOR SIGNS LOCATED
OUTSIDE MUNICIPAL CORPORATE BOUNDARIES AND EXTRATERRITORIAL
JURISDICTION. An off-premise sign located outside the corporate
boundaries and extraterritorial jurisdiction of a municipality may
not be taller than 25 feet:
(1) excluding any cutout that extends above the
rectangular border; and
(2) measured from the highest point on the sign to the
grade level of the road from which the sign is viewed.
SECTION 9. The heading to Section 394.042, Transportation
Code, is amended to read as follows:
Sec. 394.042. FACE RESTRICTIONS FOR SIGNS IN MUNICIPAL
EXTRATERRITORIAL JURISDICTION.
SECTION 10. Section 394.042, Transportation Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) This section applies only to an off-premise sign
located in the extraterritorial jurisdiction of a municipality.
SECTION 11. Subchapter C, Chapter 394, Transportation Code,
is amended by adding Section 394.0421 to read as follows:
Sec. 394.0421. FACE RESTRICTIONS FOR SIGNS OUTSIDE
MUNICIPAL CORPORATE BOUNDARIES AND EXTRATERRITORIAL JURISDICTION.
The face area of an off-premise sign located outside the corporate
boundaries and extraterritorial jurisdiction of a municipality may
not be larger than 300 square feet, excluding a cutout, upright,
trim, or apron.
SECTION 12. Subchapter C, Chapter 394, Transportation Code,
is amended by adding Section 394.052 to read as follows:
Sec. 394.052. LIGHTING FOR OFF-PREMISE SIGNS LOCATED
OUTSIDE MUNICIPAL CORPORATE BOUNDARIES AND EXTRATERRITORIAL
JURISDICTION. Notwithstanding any other law, an off-premise sign
located outside the corporate boundaries and extraterritorial
jurisdiction of a municipality may not have internal or external
lighting.
SECTION 13. The changes in law made by this Act apply only
to outdoor advertising or a sign erected on or after the effective
date of this Act. Outdoor advertising or a sign erected before the
effective date of this Act is covered by the law in effect when the
outdoor advertising or sign was erected, and the former law is
continued in effect for that purpose.
SECTION 14. This Act takes effect September 1, 2009.