Texas 2017 - 85th Regular

Texas House Bill HB3855 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R24496 JAM-F
2	1		By: Morrison H.B. No. 3855
3		-	Substitute the following for H.B. No. 3855:
4		-	By: Morrison C.S.H.B. No. 3855
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to erecting or maintaining certain outdoor signs regulated
10	7		by the Texas Department of Transportation.
11	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	9		SECTION 1. Section 201.931(2), Transportation Code, is
13	10		amended to read as follows:
14	11		(2) "License" means a license or permit for a
15	12		commercial sign [outdoor advertising] issued under Chapter 391 or
16	13		for an off-premise sign issued under Chapter 394.
17	14		SECTION 2. Section 391.001, Transportation Code, is amended
18	15		by adding Subdivisions (1-a) and (11-a) to read as follows:
19		-	(1-a) "Commercial sign" means a sign that is:
20		-	(A) intended to be leased, or for which payment
21		-	of any type is intended to be or is received, for the display of any
22		-	good, service, brand, slogan, message, product, or company, except
23		-	that the term does not include a sign that is leased to a business
24		-	entity and located on the same property on which the business is
25		-	located; or
26		-	(B) located on property owned or leased for the
27		-	primary purpose of displaying a sign.
	16	+	(1-a) "Commercial sign" means a sign that is intended
	17	+	to be leased, or for which payment of any type is intended to be or
	18	+	is received, for the display of any good, service, brand, slogan,
	19	+	message, product, or company.
28	20		(11-a) "Sign" means any structure, display, light,
29	21		device, figure, painting, drawing, message, plaque, placard,
30	22		poster, billboard, logo, or symbol that is designed, intended, or
31	23		used to advertise or inform.
32	24		SECTION 3. Section 391.002(b), Transportation Code, is
33	25		amended to read as follows:
34	26		(b) The legislature declares that it is necessary to
35	27		regulate the erection and maintenance of commercial signs [outdoor
36	28		advertising] and the establishment, operation, and maintenance of
37	29		junkyards in areas adjacent to the interstate and primary systems
38	30		to:
39	31		(1) promote the health, safety, welfare, morals,
40	32		convenience, and enjoyment of the traveling public; and
41	33		(2) protect the public investment in the interstate
42	34		and primary systems.
43	35		SECTION 4. Section 391.006(a), Transportation Code, is
44	36		amended to read as follows:
45	37		(a) The commission by rule shall establish procedures for
46	38		accepting and resolving written complaints related to signs that
47	39		are subject to [outdoor advertising under] this chapter. The rules
48	40		must include:
49	41		(1) a process to make information available describing
50	42		the department's procedures for complaint investigation and
51	43		resolution, including making information about the procedures
52	44		available on the department's Internet website;
53	45		(2) a system to prioritize complaints so that the most
54	46		serious complaints receive attention before less serious
55	47		complaints; and
56	48		(3) a procedure for compiling and reporting detailed
57	49		annual statistics about complaints.
58	50		SECTION 5. The heading to Subchapter B, Chapter 391,
59	51		Transportation Code, is amended to read as follows:
60	52		SUBCHAPTER B. REGULATION OF COMMERCIAL SIGNS [OUTDOOR ADVERTISING]
61	53		GENERALLY
62	54		SECTION 6. The heading to Section 391.031, Transportation
63	55		Code, is amended to read as follows:
64	56		Sec. 391.031. UNLAWFUL COMMERCIAL SIGNS [OUTDOOR
65	57		ADVERTISING]; OFFENSE.
66	58		SECTION 7. Section 391.031, Transportation Code, is amended
67	59		by amending Subsection (a) and adding Subsection (b-1) to read as
68	60		follows:
69	61		(a) A person commits an offense if the person erects or
70	62		maintains a commercial sign [outdoor advertising], or allows a
71	63		commercial sign [outdoor advertising] to be erected or maintained
72	64		on property owned by the person:
73	65		(1) within 660 feet of the nearest edge of a
74	66		right-of-way if the sign [advertising] is visible from the
75	67		main-traveled way of the interstate or primary system; or
76	68		(2) outside an urban area if the sign [advertising] is
77	69		located more than 660 feet from the nearest edge of a right-of-way,
78	70		is visible from the main-traveled way of the interstate or primary
79	71		system, and is erected for the purpose of having the sign [its
80	72		message] seen from the main-traveled way of the interstate or
81	73		primary system.
82	74		(b-1) A person does not commit an offense under this section
83	75		if the person:
84	76		(1) erects or maintains a commercial sign located
85	77		within 660 feet of the nearest edge of a right-of-way in an area in
86	78		which the land use:
87	79		(A) is designated industrial or commercial under
88	80		authority of law; or
89	81		(B) is not designated industrial or commercial
90	82		under authority of law, but the land use is consistent with an area
91	83		designated industrial or commercial; and
92	84		(2) holds a permit issued by the department for the
93	85		sign.
94	86		SECTION 8. Section 391.032, Transportation Code, is amended
95	87		to read as follows:
96	88		Sec. 391.032. REGULATION OF COMMERCIAL SIGNS [OUTDOOR
97	89		ADVERTISING] IN INDUSTRIAL OR COMMERCIAL AREA. (a) The commission
98	90		by rule may regulate the orderly and effective display of
99	91		commercial signs [outdoor advertising] consistent with the
100	92		customary use of commercial signs [outdoor advertising] in this
101	93		state in an area in which the land use:
102	94		(1) is designated industrial or commercial under
103	95		authority of law; and
104	96		(2) is not so designated but in which the land use is
105	97		consistent with areas designated industrial or commercial in the
106	98		manner provided by Section 391.031(c).
107	99		(b) The commission may agree with the secretary of the
108	100		United States Department of Transportation to regulate the orderly
109	101		and effective display of commercial signs [outdoor advertising] in
110	102		an area described by Subsection (a).
111	103		SECTION 9. Section 391.033, Transportation Code, is amended
112	104		to read as follows:
113	105		Sec. 391.033. ACQUISITION OF COMMERCIAL SIGNS [OUTDOOR
114	106		ADVERTISING] BY COMMISSION. (a) The commission may purchase or
115	107		acquire by eminent domain a commercial sign [outdoor advertising]
116	108		that is lawfully in existence on a highway in the interstate or
117	109		primary system.
118	110		(b) If an acquisition is by eminent domain, the commission
119	111		shall pay just compensation to:
120	112		(1) the owner for the right, title, leasehold, and
121	113		interest in the commercial sign [outdoor advertising]; and
122	114		(2) the owner or, if appropriate, the lessee of the
123	115		real property on which the commercial sign [outdoor advertising] is
124	116		located for the right to erect and maintain the sign [outdoor
125	117		advertising].
126	118		SECTION 10. Section 391.034, Transportation Code, is
127	119		amended to read as follows:
128	120		Sec. 391.034. NUISANCE [OUTDOOR ADVERTISING]; INJUNCTION.
129	121		(a) A commercial sign [Outdoor advertising] that is erected or
130	122		maintained in violation of this chapter:
131	123		(1) endangers the health, safety, welfare, morals,
132	124		[convenience,] and enjoyment of the traveling public and the
133	125		protection of the public investment in the interstate and primary
134	126		highway systems; and
135	127		(2) is a public nuisance.
136	128		(b) On written notice by certified mail from the department,
137	129		an owner of a commercial sign [outdoor advertising] that is a public
138	130		nuisance under Subsection (a) shall remove the sign [advertising].
139	131		If the owner does not remove the sign [outdoor advertising] within
140	132		45 days of the date of the notice, the department may direct the
141	133		attorney general to apply for an injunction to:
142	134		(1) prohibit the owner from maintaining the sign
143	135		[advertising]; and
144	136		(2) require the removal of the sign [advertising].
145	137		(c) The state is entitled to recover from the owner of a
146	138		commercial sign [outdoor advertising] removed under an action
147	139		brought under Subsection (b) all administrative and legal costs and
148	140		expenses incurred to remove the sign [advertising], including court
149	141		costs and reasonable attorney's fees.
150	142		SECTION 11. Section 391.036, Transportation Code, is
151	143		amended to read as follows:
152	144		Sec. 391.036. SCOPE OF COMMISSION RESPONSIBILITY. The
153	145		commission's responsibility for the regulation of commercial signs
154	146		[outdoor advertising] is only on highways on the interstate and
155	147		primary systems, including interstate highways, state highways,
156	148		and farm-to-market roads [a federal-aid primary highway,
157	149		interstate highway, state highway, or farm-to-market road].
158	150		SECTION 12. The heading to Subchapter C, Chapter 391,
159	151		Transportation Code, is amended to read as follows:
160	152		SUBCHAPTER C. LICENSE AND PERMIT FOR COMMERCIAL SIGNS [OUTDOOR
161	153		ADVERTISING]
162	154		SECTION 13. The heading to Section 391.061, Transportation
163	155		Code, is amended to read as follows:
164	156		Sec. 391.061. [OUTDOOR ADVERTISING WITHOUT] LICENSE FOR
165	157		COMMERCIAL SIGNS; OFFENSE.
166	158		SECTION 14. Section 391.061(a), Transportation Code, is
167	159		amended to read as follows:
168	160		(a) A person commits an offense if the person wilfully
169	161		erects or maintains a commercial sign [outdoor advertising] in an
170	162		area described by Section 391.031(a) without a license under this
171	163		subchapter.
172	164		SECTION 15. Section 391.063, Transportation Code, is
173	165		amended to read as follows:
174	166		Sec. 391.063. LICENSE FEE. The commission may set the
175	167		amount of a license fee according to a scale graduated by the number
176	168		of commercial signs owned by the license applicant that are
177	169		regulated under this chapter [units of outdoor advertising] and the
178	170		number of off-premise signs owned by the license applicant and
179	171		regulated under Chapter 394 [owned by a license applicant].
180	172		SECTION 16. Section 391.064(a), Transportation Code, is
181	173		amended to read as follows:
182	174		(a) The surety bond required of an applicant for a license
183	175		under Section 391.062 must be:
184	176		(1) in the amount of $2,500 for each county in the
185	177		state in which the person erects or maintains a commercial sign
186	178		[outdoor advertising]; and
187	179		(2) payable to the commission for reimbursement for
188	180		removal costs of a commercial sign [outdoor advertising] that the
189	181		license holder unlawfully erects or maintains.
190	182		SECTION 17. Section 391.065, Transportation Code, is
191	183		amended to read as follows:
192	184		Sec. 391.065. RULES; FORMS. (a) The commission may adopt
193	185		rules to implement this subchapter and Subchapters A and B
194	186		[Sections 391.036, 391.061(a), 391.062, 391.063, 391.064, and
195	187		391.066].
196	188		(b) For the efficient management and administration of this
197	189		chapter and to reduce the number of employees required to enforce
198	190		this chapter, the commission shall adopt rules for issuing
199	191		standardized forms that are for submission by license holders and
200	192		applicants and that provide for an accurate showing of the number,
201	193		location, or other information required by the commission for each
202	194		license holder's or applicant's commercial signs under this chapter
203	195		[outdoor advertising] or off-premise signs under Chapter 394.
204	196		(c) The commission may not adopt a rule under this chapter
205	197		that restricts competitive bidding or advertising by the holder of
206	198		a license issued under this chapter other than a rule to prohibit
207	199		false, misleading, or deceptive practices. The limitation provided
208	200		by this section applies only to rules relating to the occupation of
209	201		erecting or maintaining commercial signs [outdoor advertiser] and
210	202		does not affect the commission's power to regulate the orderly and
211	203		effective display of commercial signs [outdoor advertising] under
212	204		this chapter. A rule to prohibit false, misleading, or deceptive
213	205		practices may not:
214	206		(1) restrict the use of:
215	207		(A) any legal medium for an advertisement;
216	208		(B) the license holder's advertisement under a
217	209		trade name; or
218	210		(C) the license holder's personal appearance or
219	211		voice in an advertisement, if the license holder is an individual;
220	212		or
221	213		(2) relate to the size or duration of an advertisement
222	214		by the license holder.
223	215		SECTION 18. Section 391.0661, Transportation Code, is
224	216		amended to read as follows:
225	217		Sec. 391.0661. APPLICABILITY OF LICENSE. In addition to
226	218		authorizing a person to erect or maintain a commercial sign under
227	219		this chapter [outdoor advertising], a license issued under this
228	220		chapter authorizes a person to erect or maintain an off-premise
229	221		sign under Chapter 394.
230	222		SECTION 19. The heading to Section 391.067, Transportation
231	223		Code, is amended to read as follows:
232	224		Sec. 391.067. [OUTDOOR ADVERTISING WITHOUT] PERMIT FOR
233	225		COMMERCIAL SIGNS; OFFENSE.
234	226		SECTION 20. Section 391.067(a), Transportation Code, is
235	227		amended to read as follows:
236	228		(a) A person who has a license issued under this subchapter
237	229		commits an offense if the person wilfully erects or maintains a
238	230		commercial sign [outdoor advertising] for which a license is
239	231		required under Section 391.061 unless that person also has a permit
240	232		for the sign [outdoor advertising].
241	233		SECTION 21. Sections 391.068(a), (c), (d), and (e),
242	234		Transportation Code, are amended to read as follows:
243	235		(a) Except as provided by Subsection (d), the commission
244	236		shall issue a permit to a person with a license issued under this
245	237		subchapter:
246	238		(1) whose license application complies with rules
247	239		adopted under Section 391.065; and
248	240		(2) whose commercial sign [outdoor advertising],
249	241		whether owned or leased, if erected would comply with this chapter
250	242		and rules adopted under Section 391.032(a).
251	243		(c) A permit issued to regulate the erection and maintenance
252	244		of a commercial sign [outdoor advertising] by a political
253	245		subdivision of this state within that subdivision's jurisdiction
254	246		shall be accepted in lieu of the permit required by this subchapter
255	247		if the erection and maintenance of the sign [outdoor advertising]
256	248		complies with this subchapter and rules adopted under Section
257	249		391.032(a).
258	250		(d) In addition to the requirements of Subsection (a), if
259	251		the commercial sign [outdoor advertising] is located within the
260	252		jurisdiction of a municipality with a population of more than 1.9
261	253		million that is exercising its authority to regulate commercial
262	254		signs [outdoor advertising], the commission may issue a permit
263	255		under this section only if the municipality:
264	256		(1) has not acted to prohibit new commercial signs
265	257		[outdoor advertising] within the jurisdiction of the municipality;
266	258		and
267	259		(2) has issued a permit authorizing the commercial
268	260		sign [outdoor advertising].
269	261		(e) Subsection (d) does not apply to the relocation of a
270	262		commercial sign [outdoor advertising] to another location if the
271	263		construction, reconstruction, or expansion of a highway requires
272	264		the removal of the sign [outdoor advertising].
273	265		SECTION 22. Section 391.070(a), Transportation Code, is
274	266		amended to read as follows:
275	267		(a) The combined license and permit fees under this
276	268		subchapter may not exceed $10 for a commercial sign [outdoor
277	269		advertising] erected and maintained by a nonprofit organization in
278	270		a municipality or a municipality's extraterritorial jurisdiction
279	271		if the sign [advertising] relates to or promotes only the
280	272		municipality or a political subdivision whose jurisdiction is
281	273		wholly or partly concurrent with the municipality.
282	274		SECTION 23. The heading to Subchapter H, Chapter 391,
283	275		Transportation Code, is amended to read as follows:
284	276		SUBCHAPTER H. REGULATION OF COMMERCIAL SIGNS [OUTDOOR ADVERTISING]
285	277		ON STATE HIGHWAY 288
286	278		SECTION 24. Section 391.211(a), Transportation Code, is
287	279		amended to read as follows:
288	280		(a) This subchapter applies only to a commercial sign
289	281		[outdoor advertising] that is erected on or after September 1,
290	282		1993.
291	283		SECTION 25. Section 391.212, Transportation Code, is
292	284		amended to read as follows:
293	285		Sec. 391.212. REGULATION OF CERTAIN COMMERCIAL SIGNS
294	286		[OUTDOOR ADVERTISING]. The department may license or otherwise
295	287		regulate the erection of a commercial sign [outdoor advertising]
296	288		that is located within 1,000 feet of the center line of that part of
297	289		State Highway 288 in the unincorporated area of a county.
298	290		SECTION 26. The heading to Section 391.252, Transportation
299	291		Code, is amended to read as follows:
300	292		Sec. 391.252. [OFF-PREMISE SIGNS] PROHIBITED COMMERCIAL
301	293		SIGNS.
302	294		SECTION 27. Sections 391.252(a) and (c), Transportation
303	295		Code, are amended to read as follows:
304	296		(a) A person may not erect a commercial [an off-premise]
305	297		sign that is adjacent to and visible from:
306	298		(1) U.S. Highway 290 between the western city limits
307	299		of the city of Austin and the eastern city limits of the city of
308	300		Fredericksburg;
309	301		(2) State Highway 317 between the northern city limits
310	302		of the city of Belton to the southern city limits of the city of
311	303		Valley Mills;
312	304		(3) State Highway 16 between the northern city limits
313	305		of the city of Kerrville and Interstate Highway 20;
314	306		(4) U.S. Highway 77 between State Highway 186 and
315	307		State Highway 44;
316	308		(5) U.S. Highway 281 between:
317	309		(A) State Highway 186 and Interstate Highway 37,
318	310		exclusive of the segment of U.S. Highway 281 located in the city
319	311		limits of Three Rivers; and
320	312		(B) the southern boundary line of Comal County
321	313		and State Highway 306;
322	314		(6) State Highway 17 between State Highway 118 and
323	315		U.S. Highway 90;
324	316		(7) State Highway 67 between U.S. Highway 90 and
325	317		Farm-to-Market Road 170;
326	318		(8) Farm-to-Market Road 170 between State Highway 67
327	319		and State Highway 118;
328	320		(9) State Highway 118 between Farm-to-Market Road 170
329	321		and State Highway 17;
330	322		(10) State Highway 105 between the western city limits
331	323		of the city of Sour Lake to the eastern city limits of the city of
332	324		Cleveland;
333	325		(11) State Highway 73 between the eastern city limits
334	326		of the city of Winnie to the western city limits of the city of Port
335	327		Arthur;
336	328		(12) State Highway 21 between the southern city limits
337	329		of the city of College Station and U.S. Highway 290;
338	330		(13) a highway located in:
339	331		(A) the Sabine National Forest;
340	332		(B) the Davy Crockett National Forest; or
341	333		(C) the Sam Houston National Forest;
342	334		(14) Segments 1 through 4 of State Highway 130;
343	335		(15) a highway in Bandera County that is part of the
344	336		state highway system;
345	337		(16) Farm-to-Market Road 3238 beginning at State
346	338		Highway 71 and any extension of that road through Hays and Blanco
347	339		Counties;
348	340		(17) Farm-to-Market Road 2978 between Farm-to-Market
349	341		Road 1488 and the boundary line between Harris and Montgomery
350	342		Counties;
351	343		(18) U.S. Highway 90 between the western city limits
352	344		of the city of San Antonio and the eastern city limits of the city of
353	345		Hondo; or
354	346		(19) the following highways in Austin County:
355	347		(A) State Highway 159;
356	348		(B) Farm-to-Market Road 331;
357	349		(C) Farm-to-Market Road 529;
358	350		(D) Farm-to-Market Road 1094; and
359	351		(E) Farm-to-Market Road 2502.
360	352		(c) This section does not prohibit a person from erecting a
361	353		commercial [an off-premise] sign permitted by other law, rule, or
362	354		regulation that is adjacent to and visible from a roadway not listed
363	355		in this section and is visible from a roadway listed under this
364	356		section if the intended purpose of the sign is to be visible only
365	357		from the roadway not listed under this section.
366	358		SECTION 28. Section 391.253, Transportation Code, is
367	359		amended to read as follows:
368	360		Sec. 391.253. REERECTION, RECONSTRUCTION, REPAIR, OR
369	361		REBUILDING OF COMMERCIAL [OFF-PREMISE] SIGNS. (a) A commercial
370	362		[An off-premise] sign that is adjacent to and visible from a highway
371	363		listed in Section 391.252 that is blown down, destroyed, taken
372	364		down, or removed for a purpose other than maintenance or to change a
373	365		letter, symbol, or other matter on the sign may be reerected,
374	366		reconstructed, repaired, or rebuilt only if the cost of reerecting,
375	367		reconstructing, repairing, or rebuilding the sign is not more than
376	368		60 percent of the cost of erecting a new commercial [off-premise]
377	369		sign of the same size, type, and construction at the same location.
378	370		(b) The department shall permit the relocation of a
379	371		commercial [an off-premise] sign adjacent to and visible from a
380	372		highway listed in Section 391.252 to another location that is
381	373		adjacent to and visible from the same highway if:
382	374		(1) the construction, reconstruction, or expansion of
383	375		a highway requires the removal of the sign;
384	376		(2) the sign is not modified to increase the
385	377		above-grade height, the area of each sign face, the dimensions of
386	378		the sign face, the number of sign faces, or the illumination of the
387	379		sign; and
388	380		(3) the department identifies an alternate site for
389	381		the relocation of the sign adjacent to and visible from the highway
390	382		listed in Section 391.252.
391	383		(c) For purposes of this section, the department shall
392	384		specify, within 30 days of receipt of a request for a relocation
393	385		site, a minimum of three alternate sites that meet permitting
394	386		requirements for a commercial [an off-premise] sign to be
395	387		reerected, reconstructed, repaired, or rebuilt adjacent to and
396	388		visible from a highway listed in Section 391.252.
397	389		(d) The owner of a commercial [an off-premise] sign that is
398	390		reerected, reconstructed, repaired, or rebuilt according to
399	391		Subsection (a) or relocated according to Subsection (b) may alter
400	392		the materials and design of the sign to reduce the number of upright
401	393		supports, subject to other restrictions in this section, in a
402	394		manner that meets or exceeds the pre-existing structural
403	395		specifications of the sign.
404	396		SECTION 29. Section 391.254(d), Transportation Code, is
405	397		amended to read as follows:
406	398		(d) Before a suit may be brought for a violation of Section
407	399		391.252, the attorney general, the district or county attorney for
408	400		the county, or the municipal attorney of the municipality in which
409	401		the violation is alleged to have occurred shall give the owner of
410	402		the commercial [off-premise] sign a written notice that:
411	403		(1) describes the violation and specific location of
412	404		the sign found to be in violation;
413	405		(2) states the amount of the proposed penalty for the
414	406		violation; and
415	407		(3) gives the owner 30 days from receipt to remove the
416	408		sign and cure the violation to avoid the penalty unless the sign
417	409		owner was given notice and opportunity to cure a similar violation
418	410		within the preceding 12 months.
419	411		SECTION 30. Section 394.0203, Transportation Code, is
420	412		amended to read as follows:
421	413		Sec. 394.0203. LICENSE FEE. The commission may set the
422	414		amount of a license fee according to a scale graduated by the number
423	415		of off-premise signs owned by the license applicant regulated under
424	416		this chapter and commercial signs owned by the applicant regulated
425	417		[units of outdoor advertising] under Chapter 391 [owned by a
426	418		license applicant].
427	419		SECTION 31. Section 394.0205(b), Transportation Code, is
428	420		amended to read as follows:
429	421		(b) For the efficient management and administration of this
430	422		chapter and to reduce the number of employees required to enforce
431	423		this chapter, the commission shall adopt rules for issuing
432	424		standardized forms that are for submission by license holders and
433	425		applicants and that provide for an accurate showing of the number,
434	426		location, or other information required by the commission for each
435	427		license holder's or applicant's off-premise signs under this
436	428		chapter or commercial signs [outdoor advertising] under Chapter
437	429		391.
438	430		SECTION 32. Section 394.0207, Transportation Code, is
439	431		amended to read as follows:
440	432		Sec. 394.0207. APPLICABILITY OF LICENSE. In addition to
441	433		authorizing a person to erect or maintain an off-premise sign, a
442	434		license issued under this chapter authorizes a person to erect or
443	435		maintain a commercial sign [outdoor advertising] under Chapter 391.
444	436		SECTION 33. The following provisions of the Transportation
445	437		Code are repealed:
446	438		(1) Section 391.001(10);
447	439		(2) Section 391.005;
448	440		(3) Section 391.031(b);
449	441		(4) Section 391.037;
450	442		(5) Section 391.061(c); and
451	443		(6) Section 391.251.
452	444		SECTION 34. This Act takes effect immediately if it
453	445		receives a vote of two-thirds of all the members elected to each
454	446		house, as provided by Section 39, Article III, Texas Constitution.
455	447		If this Act does not receive the vote necessary for immediate
456	448		effect, this Act takes effect September 1, 2017.