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