BILL ANALYSIS Senate Research Center S.B. 1354 82R3847 NC-F By: Carona, Rodriguez Intergovernmental Relations 4/21/2011 As Filed BILL ANALYSIS Senate Research Center S.B. 1354 82R3847 NC-F By: Carona, Rodriguez Intergovernmental Relations 4/21/2011 As Filed Senate Research Center S.B. 1354 82R3847 NC-F By: Carona, Rodriguez Intergovernmental Relations 4/21/2011 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Currently, county commissioners courts do not have the authority to prohibit the erection of off-premise signs in the unincorporated areas of a county. Many counties want this authority. This bill enables those commissioners courts to prohibit the erection of off-premise signs in the unincorporated areas of the county, but would not empower the commissioners court to require the relocation, reconstruction, or removal of an off-premise sign in existence as of the effective date of the bill. As proposed, S.B. 1354 amends current law relating to the regulation of off-premise signs in the unincorporated area of a county. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter Z, Chapter 240, Local Government Code, by adding Section 240.908, as follows: Sec. 240.908. REGULATION OF OFF-PREMISE SIGNS. (a) Defines, in this section, "sign" and "off-premise sign." (b) Authorizes the commissioners court of a county by order, notwithstanding any other law, to prohibit the erection of off-premise signs along roads in the unincorporated area of the county. Prohibits the commissioners court from requiring the relocation, reconstruction, or removal of an off-premise sign in existence on the effective date of this section. (c) Requires the commissioners court, before the commissioners court of a county may issue an order under Subsection (b), to hold a public hearing on the proposed order. Requires the commissioners court, before the 15th day before the date of the hearing, to publish notice of the hearing in a newspaper of general circulation in the county. SECTION 2. Effective date: upon passage or September 1, 2011. AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Currently, county commissioners courts do not have the authority to prohibit the erection of off-premise signs in the unincorporated areas of a county. Many counties want this authority. This bill enables those commissioners courts to prohibit the erection of off-premise signs in the unincorporated areas of the county, but would not empower the commissioners court to require the relocation, reconstruction, or removal of an off-premise sign in existence as of the effective date of the bill. As proposed, S.B. 1354 amends current law relating to the regulation of off-premise signs in the unincorporated area of a county. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter Z, Chapter 240, Local Government Code, by adding Section 240.908, as follows: Sec. 240.908. REGULATION OF OFF-PREMISE SIGNS. (a) Defines, in this section, "sign" and "off-premise sign." (b) Authorizes the commissioners court of a county by order, notwithstanding any other law, to prohibit the erection of off-premise signs along roads in the unincorporated area of the county. Prohibits the commissioners court from requiring the relocation, reconstruction, or removal of an off-premise sign in existence on the effective date of this section. (c) Requires the commissioners court, before the commissioners court of a county may issue an order under Subsection (b), to hold a public hearing on the proposed order. Requires the commissioners court, before the 15th day before the date of the hearing, to publish notice of the hearing in a newspaper of general circulation in the county. SECTION 2. Effective date: upon passage or September 1, 2011.