Texas House Bill HB405

Texas 2017 - 85th Regular

• Filed: 11/18/16

Caption

Relating to municipal reimbursement of compensation paid by the Texas Department of Transportation for the removal of certain signs due to road construction.

Impact

The bill influences the relationship between local governments and state transportation agencies by placing the financial burden of sign removal on municipalities. Previously, costs associated with sign removals funded by state agencies might not have placed direct financial responsibility on local governments. This shift means municipalities may need to reassess their policies on sign regulations and their implications for road expansions, as they could incur costs unexpectedly when changes to roadways take place.

Summary

House Bill 405 addresses the financial responsibilities of municipalities in Texas regarding the removal of signs necessitated by road construction undertaken by the Texas Department of Transportation (TxDOT). Specifically, the bill mandates that if a sign must be removed due to highway widening or construction, and the sign's relocation is permissible under TxDOT rules but restricted by local municipal regulations, the municipality is required to reimburse TxDOT for any compensation paid to the sign's owner or lessee during condemnation proceedings. This aims to create a clearer financial framework for agreements between state transportation authorities and municipalities.

Contention

One notable point of contention that may arise from this bill is the accountability of local regulations in relation to state mandates. While supporters may argue that it ensures compensation is addressed transparently, opponents could see it as an overreach of state authority into local governance. Local governments may feel their autonomy to regulate businesses through sign ordinances is being infringed upon, especially if they are required to cover costs they do not believe should be their responsibility. This tension could lead to debates over local control versus state oversight in municipal affairs.