| 1 | 1 | | By: Wray H.B. No. 3860 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the regulation of signs by the Texas Department of |
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| 7 | 7 | | Transportation. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 391.001, Transportation Code, is amended |
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| 10 | 10 | | to read as follows: |
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| 11 | 11 | | (12) "Sign" means a structure, display, light device, |
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| 12 | 12 | | figure, painting, drawing, message, plaque, poster, billboard, or |
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| 13 | 13 | | other thing that is designed, intended, or used to advertise or |
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| 14 | 14 | | inform. |
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| 15 | 15 | | (12) (13) "Specific information logo sign" means a |
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| 16 | 16 | | rectangular sign imprinted with the words "GAS," "FOOD," "LODGING," |
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| 17 | 17 | | "CAMPING," or "24 HOUR Rx," or with a combination of those words, |
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| 18 | 18 | | and the specific brand names of commercial establishments offering |
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| 19 | 19 | | those services. |
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| 20 | 20 | | (13) (14) "Urban area" means an area defined by the |
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| 21 | 21 | | commission in cooperation with local officials, subject to approval |
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| 22 | 22 | | by the secretary of the United States Department of Transportation, |
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| 23 | 23 | | that as a minimum includes an urban place as designated by the |
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| 24 | 24 | | United States Bureau of the Census having a population of 5,000 or |
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| 25 | 25 | | more and not located within an urbanized area. |
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| 26 | 26 | | (14) (15) "Urbanized area" means an area defined by the |
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| 27 | 27 | | commission in cooperation with local officials, subject to approval |
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| 28 | 28 | | by the secretary of the United States Department of Transportation, |
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| 29 | 29 | | that as a minimum includes an urbanized area as defined by the |
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| 30 | 30 | | United States Bureau of the Census or that part of a multistate |
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| 31 | 31 | | urbanized area located in this state. |
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| 32 | 32 | | SECTION 2. Section 391.037, Transportation Code, is added |
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| 33 | 33 | | to read as follows: |
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| 34 | 34 | | (a) Except as provided in subsection (d), a sign may not be |
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| 35 | 35 | | higher than 65 feet excluding a cutout that extends above the |
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| 36 | 36 | | rectangular border, measured from the grade level of the centerline |
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| 37 | 37 | | of the main-traveled way closest to the sign, at a point |
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| 38 | 38 | | perpendicular to the sign location. |
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| 39 | 39 | | (b) For purposes of this section, a frontage road of a |
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| 40 | 40 | | controlled access highway or freeway is not considered the |
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| 41 | 41 | | main-traveled way for purposes of this subsection. |
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| 42 | 42 | | (c) In the event that the main-traveled way that is |
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| 43 | 43 | | perpendicular to the sign structure is below grade, sign height |
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| 44 | 44 | | will be measured from the base of the sign structure. |
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| 45 | 45 | | (d) For a sign that is required to be removed as the result |
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| 46 | 46 | | of a highway construction project, the sign owner may choose to |
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| 47 | 47 | | relocate the sign to a new location, and the relocated sign may be |
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| 48 | 48 | | constructed with the number of poles and type of materials as |
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| 49 | 49 | | permitted for a newly constructed sign. A relocated sign may not |
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| 50 | 50 | | exceed the lesser of: |
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| 51 | 51 | | (1) the height that achieves the same degree of |
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| 52 | 52 | | visibility 1 as the sign enjoyed at the prior location prior to the |
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| 53 | 53 | | removal of the sign to accommodate the highway construction |
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| 54 | 54 | | project; or |
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| 55 | 55 | | (2) 85 feet excluding a cutout that extends above the |
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| 56 | 56 | | rectangular border, measured from the grade level of the centerline |
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| 57 | 57 | | of the main-traveled way closest to the sign, at a point |
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| 58 | 58 | | perpendicular to the sign location. |
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| 59 | 59 | | (3) The number of sign faces and lighting, if any, of |
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| 60 | 60 | | the relocated sign may exceed the number of faces or lighting, if |
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| 61 | 61 | | any, of the existing sign, as long as the number of sign faces and |
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| 62 | 62 | | lighting would have been permitted for a newly constructed sign. |
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| 63 | 63 | | SECTION 3. Not later than January 1, 2018, the Texas |
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| 64 | 64 | | Transportation Commission shall adopt the rules to implement |
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| 65 | 65 | | Sections 391.001 and 391.037, Transportation Code, as amended by |
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| 66 | 66 | | this Act and shall repeal any rules that are inconsistent with |
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| 67 | 67 | | Sections 391.001 and 391.037, Transportation Code, as amended by |
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| 68 | 68 | | this Act. |
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| 69 | 69 | | SECTION 4. This Act takes effect immediately if it receives |
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| 70 | 70 | | a vote of two-thirds of all the members elected to each house, as |
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| 71 | 71 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 72 | 72 | | Act does not receive the vote necessary for immediate effect, this |
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| 73 | 73 | | Act takes effect September 1, 2017. |
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