Texas 2017 - 85th Regular

Texas House Bill HB2956 Compare Versions

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

Old	New	Differences
1	1	85R11850 JAM-D
2	2	By: Kuempel H.B. No. 2956
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of outdoor advertising by the Texas
8	8	Department of Transportation; creating an offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 216.003(a), Local Government Code, is
11	11	amended to read as follows:
12	12	(a) Subject to the requirements of this subchapter, a
13	13	municipality may require the relocation, reconstruction, or
14	14	removal of any sign within its corporate limits [or
15	15	extraterritorial jurisdiction].
16	16	SECTION 2. Section 216.004(a), Local Government Code, is
17	17	amended to read as follows:
18	18	(a) If a municipality requires the relocation,
19	19	reconstruction, or removal of a sign within its corporate limits
20	20	[or extraterritorial jurisdiction], the presiding officer of the
21	21	governing body of the municipality shall appoint a municipal board
22	22	on sign control. The board must be composed of:
23	23	(1) two real estate appraisers, each of whom must be a
24	24	member in good standing of a nationally recognized professional
25	25	appraiser society or trade organization that has an established
26	26	code of ethics, educational program, and professional
27	27	certification program;
28	28	(2) one person engaged in the sign business in the
29	29	municipality;
30	30	(3) one employee of the Texas Department of
31	31	Transportation who is familiar with real estate valuations in
32	32	eminent domain proceedings; and
33	33	(4) one architect or landscape architect licensed by
34	34	this state.
35	35	SECTION 3. Section 216.015(a), Local Government Code, is
36	36	amended to read as follows:
37	37	(a) The legislature declares that it would not have enacted
38	38	the following without the inclusion of Section 216.010(a), to the
39	39	extent that provision excludes methods of compensation not
40	40	specifically authorized by that provision:
41	41	(1) this subchapter;
42	42	(2) [Section 216.902;
43	43	[(3)] Article 2, Chapter 221, Acts of the 69th
44	44	Legislature, Regular Session, 1985 (codified as Chapter 394,
45	45	Transportation Code); and
46	46	(3) [(4)] the amendments made to Section 3, Property
47	47	Redevelopment and Tax Abatement Act (codified as Chapter 312, Tax
48	48	Code) by Article 4, Chapter 221, Acts of the 69th Legislature,
49	49	Regular Session, 1985.
50	50	SECTION 4. Section 391.031, Transportation Code, is amended
51	51	by adding Subsection (a-1) to read as follows:
52	52	(a-1) A person commits an offense if the person erects or
53	53	maintains outdoor advertising, or allows outdoor advertising to be
54	54	erected or maintained on property owned by the person, that is
55	55	higher than 65 feet, excluding a cutout that extends above the
56	56	rectangular border, measured from the highest point on the sign to
57	57	the grade level of the road from which the sign is viewed.
58	58	SECTION 5. Section 391.252(b), Transportation Code, is
59	59	amended to read as follows:
60	60	(b) This section does not affect the ability of a
61	61	municipality to regulate a sign located on the portion of a roadway
62	62	listed in Subsection (a) that is within the corporate limits [or
63	63	extraterritorial jurisdiction] of the municipality in accordance
64	64	with Chapter 216, Local Government Code.
65	65	SECTION 6. Section 394.002(b), Transportation Code, is
66	66	amended to read as follows:
67	67	(b) In this section, "rural road" means a road, street, way,
68	68	or bridge:
69	69	(1) that is located in an unincorporated area,
70	70	including the extraterritorial jurisdiction of a municipality;
71	71	(2) that is not privately owned or controlled;
72	72	(3) any part of which is open to the public for
73	73	vehicular traffic; and
74	74	(4) that is under the jurisdiction of this state or a
75	75	political subdivision of this state.
76	76	SECTION 7. Section 394.041(a), Transportation Code, is
77	77	amended to read as follows:
78	78	(a) An on-premise or off-premise sign may not be higher than
79	79	65 [42-1/2] feet, excluding a cutout that extends above the
80	80	rectangular border, measured from the highest point on the sign to
81	81	the grade level of the road from which the sign is viewed.
82	82	SECTION 8. Section 394.062, Transportation Code, is amended
83	83	to read as follows:
84	84	Sec. 394.062. CONFLICT WITH OTHER LAWS. [(a)] A county
85	85	prohibition or regulation adopted under Section 394.061 prevails
86	86	over a state law or rule if there is a conflict.
87	87	[(b) A municipal sign ordinance that has been extended to
88	88	territory in the municipality's extraterritorial jurisdiction
89	89	under Section 216.902, Local Government Code, prevails in that
90	90	territory over a county prohibition or regulation adopted under
91	91	Section 394.061 if there is a conflict.]
92	92	SECTION 9. The following provisions of law are repealed:
93	93	(1) Article 4.11(c), Code of Criminal Procedure;
94	94	(2) Sections 26.045(f) and 27.031(c), Government
95	95	Code; and
96	96	(3) Sections 216.0035 and 216.902, Local Government
97	97	Code.
98	98	SECTION 10. The changes in law made to Section 391.031,
99	99	Transportation Code, by this Act apply only to outdoor advertising
100	100	erected on or after the effective date of this Act.
101	101	SECTION 11. This Act takes effect September 1, 2017.