Texas 2017 - 85th Regular

Texas Senate Bill SB2006 Compare Versions

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1-S.B. No. 2006
1+By: Watson S.B. No. 2006
2+ (Morrison)
23
34
5+ A BILL TO BE ENTITLED
46 AN ACT
57 relating to erecting or maintaining certain outdoor signs regulated
68 by the Texas Department of Transportation.
79 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
810 SECTION 1. Section 201.931(2), Transportation Code, is
911 amended to read as follows:
1012 (2) "License" means a license or permit for a
1113 commercial sign [outdoor advertising] issued under Chapter 391 or
1214 for an off-premise sign issued under Chapter 394.
1315 SECTION 2. Section 391.001, Transportation Code, is amended
1416 by adding Subdivisions (1-a) and (11-a) to read as follows:
1517 (1-a) "Commercial sign" means a sign that is:
1618 (A) intended to be leased, or for which payment
1719 of any type is intended to be or is received, for the display of any
1820 good, service, brand, slogan, message, product, or company, except
1921 that the term does not include a sign that is leased to a business
2022 entity and located on the same property on which the business is
2123 located; or
2224 (B) located on property owned or leased for the
2325 primary purpose of displaying a sign.
2426 (11-a) "Sign" means any structure, display, light,
2527 device, figure, painting, drawing, message, plaque, placard,
2628 poster, billboard, logo, or symbol that is designed, intended, or
2729 used to advertise or inform.
2830 SECTION 3. Section 391.002(b), Transportation Code, is
2931 amended to read as follows:
3032 (b) The legislature declares that it is necessary to
3133 regulate the erection and maintenance of commercial signs [outdoor
3234 advertising] and the establishment, operation, and maintenance of
3335 junkyards in areas adjacent to the interstate and primary systems
3436 to:
3537 (1) promote the health, safety, welfare, morals,
3638 convenience, and enjoyment of the traveling public; and
3739 (2) protect the public investment in the interstate
3840 and primary systems.
3941 SECTION 4. Section 391.006(a), Transportation Code, is
4042 amended to read as follows:
4143 (a) The commission by rule shall establish procedures for
4244 accepting and resolving written complaints related to signs that
4345 are subject to [outdoor advertising under] this chapter. The rules
4446 must include:
4547 (1) a process to make information available describing
4648 the department's procedures for complaint investigation and
4749 resolution, including making information about the procedures
4850 available on the department's Internet website;
4951 (2) a system to prioritize complaints so that the most
5052 serious complaints receive attention before less serious
5153 complaints; and
5254 (3) a procedure for compiling and reporting detailed
5355 annual statistics about complaints.
5456 SECTION 5. The heading to Subchapter B, Chapter 391,
5557 Transportation Code, is amended to read as follows:
5658 SUBCHAPTER B. REGULATION OF COMMERCIAL SIGNS [OUTDOOR ADVERTISING]
5759 GENERALLY
5860 SECTION 6. The heading to Section 391.031, Transportation
5961 Code, is amended to read as follows:
6062 Sec. 391.031. UNLAWFUL COMMERCIAL SIGNS [OUTDOOR
6163 ADVERTISING]; OFFENSE.
6264 SECTION 7. Section 391.031, Transportation Code, is amended
6365 by amending Subsection (a) and adding Subsection (b-1) to read as
6466 follows:
6567 (a) A person commits an offense if the person erects or
6668 maintains a commercial sign [outdoor advertising], or allows a
6769 commercial sign [outdoor advertising] to be erected or maintained
6870 on property owned by the person:
6971 (1) within 660 feet of the nearest edge of a
7072 right-of-way if the sign [advertising] is visible from the
7173 main-traveled way of the interstate or primary system; or
7274 (2) outside an urban area if the sign [advertising] is
7375 located more than 660 feet from the nearest edge of a right-of-way,
7476 is visible from the main-traveled way of the interstate or primary
7577 system, and is erected for the purpose of having the sign [its
7678 message] seen from the main-traveled way of the interstate or
7779 primary system.
7880 (b-1) A person does not commit an offense under this section
7981 if the person:
8082 (1) erects or maintains a commercial sign located
8183 within 660 feet of the nearest edge of a right-of-way in an area in
8284 which the land use:
8385 (A) is designated industrial or commercial under
8486 authority of law; or
8587 (B) is not designated industrial or commercial
8688 under authority of law, but the land use is consistent with an area
8789 designated industrial or commercial; and
8890 (2) holds a permit issued by the department for the
8991 sign.
9092 SECTION 8. Section 391.032, Transportation Code, is amended
9193 to read as follows:
9294 Sec. 391.032. REGULATION OF COMMERCIAL SIGNS [OUTDOOR
9395 ADVERTISING] IN INDUSTRIAL OR COMMERCIAL AREA. (a) The commission
9496 by rule may regulate the orderly and effective display of
9597 commercial signs [outdoor advertising] consistent with the
9698 customary use of commercial signs [outdoor advertising] in this
9799 state in an area in which the land use:
98100 (1) is designated industrial or commercial under
99101 authority of law; and
100102 (2) is not so designated but in which the land use is
101103 consistent with areas designated industrial or commercial in the
102104 manner provided by Section 391.031(c).
103105 (b) The commission may agree with the secretary of the
104106 United States Department of Transportation to regulate the orderly
105107 and effective display of commercial signs [outdoor advertising] in
106108 an area described by Subsection (a).
107109 SECTION 9. Section 391.033, Transportation Code, is amended
108110 to read as follows:
109111 Sec. 391.033. ACQUISITION OF COMMERCIAL SIGNS [OUTDOOR
110112 ADVERTISING] BY COMMISSION. (a) The commission may purchase or
111113 acquire by eminent domain a commercial sign [outdoor advertising]
112114 that is lawfully in existence on a highway in the interstate or
113115 primary system.
114116 (b) If an acquisition is by eminent domain, the commission
115117 shall pay just compensation to:
116118 (1) the owner for the right, title, leasehold, and
117119 interest in the commercial sign [outdoor advertising]; and
118120 (2) the owner or, if appropriate, the lessee of the
119121 real property on which the commercial sign [outdoor advertising] is
120122 located for the right to erect and maintain the sign [outdoor
121123 advertising].
122124 SECTION 10. Section 391.034, Transportation Code, is
123125 amended to read as follows:
124126 Sec. 391.034. NUISANCE [OUTDOOR ADVERTISING]; INJUNCTION.
125127 (a) A commercial sign [Outdoor advertising] that is erected or
126128 maintained in violation of this chapter:
127129 (1) endangers the health, safety, welfare, morals,
128130 [convenience,] and enjoyment of the traveling public and the
129131 protection of the public investment in the interstate and primary
130132 highway systems; and
131133 (2) is a public nuisance.
132134 (b) On written notice by certified mail from the department,
133135 an owner of a commercial sign [outdoor advertising] that is a public
134136 nuisance under Subsection (a) shall remove the sign [advertising].
135137 If the owner does not remove the sign [outdoor advertising] within
136138 45 days of the date of the notice, the department may direct the
137139 attorney general to apply for an injunction to:
138140 (1) prohibit the owner from maintaining the sign
139141 [advertising]; and
140142 (2) require the removal of the sign [advertising].
141143 (c) The state is entitled to recover from the owner of a
142144 commercial sign [outdoor advertising] removed under an action
143145 brought under Subsection (b) all administrative and legal costs and
144146 expenses incurred to remove the sign [advertising], including court
145147 costs and reasonable attorney's fees.
146148 SECTION 11. Section 391.036, Transportation Code, is
147149 amended to read as follows:
148150 Sec. 391.036. SCOPE OF COMMISSION RESPONSIBILITY. The
149151 commission's responsibility for the regulation of commercial signs
150152 [outdoor advertising] is only on highways on the interstate and
151153 primary systems, including interstate highways, state highways,
152154 and farm-to-market roads [a federal-aid primary highway,
153155 interstate highway, state highway, or farm-to-market road].
154156 SECTION 12. The heading to Subchapter C, Chapter 391,
155157 Transportation Code, is amended to read as follows:
156158 SUBCHAPTER C. LICENSE AND PERMIT FOR COMMERCIAL SIGNS [OUTDOOR
157159 ADVERTISING]
158160 SECTION 13. The heading to Section 391.061, Transportation
159161 Code, is amended to read as follows:
160162 Sec. 391.061. [OUTDOOR ADVERTISING WITHOUT] LICENSE FOR
161163 COMMERCIAL SIGNS; OFFENSE.
162164 SECTION 14. Section 391.061(a), Transportation Code, is
163165 amended to read as follows:
164166 (a) A person commits an offense if the person wilfully
165167 erects or maintains a commercial sign [outdoor advertising] in an
166168 area described by Section 391.031(a) without a license under this
167169 subchapter.
168170 SECTION 15. Section 391.063, Transportation Code, is
169171 amended to read as follows:
170172 Sec. 391.063. LICENSE FEE. The commission may set the
171173 amount of a license fee according to a scale graduated by the number
172174 of commercial signs owned by the license applicant that are
173175 regulated under this chapter [units of outdoor advertising] and the
174176 number of off-premise signs owned by the license applicant and
175177 regulated under Chapter 394 [owned by a license applicant].
176178 SECTION 16. Section 391.064(a), Transportation Code, is
177179 amended to read as follows:
178180 (a) The surety bond required of an applicant for a license
179181 under Section 391.062 must be:
180182 (1) in the amount of $2,500 for each county in the
181183 state in which the person erects or maintains a commercial sign
182184 [outdoor advertising]; and
183185 (2) payable to the commission for reimbursement for
184186 removal costs of a commercial sign [outdoor advertising] that the
185187 license holder unlawfully erects or maintains.
186188 SECTION 17. Section 391.065, Transportation Code, is
187189 amended to read as follows:
188190 Sec. 391.065. RULES; FORMS. (a) The commission may adopt
189191 rules to implement this subchapter and Subchapters A and B
190192 [Sections 391.036, 391.061(a), 391.062, 391.063, 391.064, and
191193 391.066].
192194 (b) For the efficient management and administration of this
193195 chapter and to reduce the number of employees required to enforce
194196 this chapter, the commission shall adopt rules for issuing
195197 standardized forms that are for submission by license holders and
196198 applicants and that provide for an accurate showing of the number,
197199 location, or other information required by the commission for each
198200 license holder's or applicant's commercial signs under this chapter
199201 [outdoor advertising] or off-premise signs under Chapter 394.
200202 (c) The commission may not adopt a rule under this chapter
201203 that restricts competitive bidding or advertising by the holder of
202204 a license issued under this chapter other than a rule to prohibit
203205 false, misleading, or deceptive practices. The limitation provided
204206 by this section applies only to rules relating to the occupation of
205207 erecting or maintaining commercial signs [outdoor advertiser] and
206208 does not affect the commission's power to regulate the orderly and
207209 effective display of commercial signs [outdoor advertising] under
208210 this chapter. A rule to prohibit false, misleading, or deceptive
209211 practices may not:
210212 (1) restrict the use of:
211213 (A) any legal medium for an advertisement;
212214 (B) the license holder's advertisement under a
213215 trade name; or
214216 (C) the license holder's personal appearance or
215217 voice in an advertisement, if the license holder is an individual;
216218 or
217219 (2) relate to the size or duration of an advertisement
218220 by the license holder.
219221 SECTION 18. Section 391.0661, Transportation Code, is
220222 amended to read as follows:
221223 Sec. 391.0661. APPLICABILITY OF LICENSE. In addition to
222224 authorizing a person to erect or maintain a commercial sign under
223225 this chapter [outdoor advertising], a license issued under this
224226 chapter authorizes a person to erect or maintain an off-premise
225227 sign under Chapter 394.
226228 SECTION 19. The heading to Section 391.067, Transportation
227229 Code, is amended to read as follows:
228230 Sec. 391.067. [OUTDOOR ADVERTISING WITHOUT] PERMIT FOR
229231 COMMERCIAL SIGNS; OFFENSE.
230232 SECTION 20. Section 391.067(a), Transportation Code, is
231233 amended to read as follows:
232234 (a) A person who has a license issued under this subchapter
233235 commits an offense if the person wilfully erects or maintains a
234236 commercial sign [outdoor advertising] for which a license is
235237 required under Section 391.061 unless that person also has a permit
236238 for the sign [outdoor advertising].
237239 SECTION 21. Sections 391.068(a), (c), (d), and (e),
238240 Transportation Code, are amended to read as follows:
239241 (a) Except as provided by Subsection (d), the commission
240242 shall issue a permit to a person with a license issued under this
241243 subchapter:
242244 (1) whose license application complies with rules
243245 adopted under Section 391.065; and
244246 (2) whose commercial sign [outdoor advertising],
245247 whether owned or leased, if erected would comply with this chapter
246248 and rules adopted under Section 391.032(a).
247249 (c) A permit issued to regulate the erection and maintenance
248250 of a commercial sign [outdoor advertising] by a political
249251 subdivision of this state within that subdivision's jurisdiction
250252 shall be accepted in lieu of the permit required by this subchapter
251253 if the erection and maintenance of the sign [outdoor advertising]
252254 complies with this subchapter and rules adopted under Section
253255 391.032(a).
254256 (d) In addition to the requirements of Subsection (a), if
255257 the commercial sign [outdoor advertising] is located within the
256258 jurisdiction of a municipality with a population of more than 1.9
257259 million that is exercising its authority to regulate commercial
258260 signs [outdoor advertising], the commission may issue a permit
259261 under this section only if the municipality:
260262 (1) has not acted to prohibit new commercial signs
261263 [outdoor advertising] within the jurisdiction of the municipality;
262264 and
263265 (2) has issued a permit authorizing the commercial
264266 sign [outdoor advertising].
265267 (e) Subsection (d) does not apply to the relocation of a
266268 commercial sign [outdoor advertising] to another location if the
267269 construction, reconstruction, or expansion of a highway requires
268270 the removal of the sign [outdoor advertising].
269271 SECTION 22. Section 391.070(a), Transportation Code, is
270272 amended to read as follows:
271273 (a) The combined license and permit fees under this
272274 subchapter may not exceed $10 for a commercial sign [outdoor
273275 advertising] erected and maintained by a nonprofit organization in
274276 a municipality or a municipality's extraterritorial jurisdiction
275277 if the sign [advertising] relates to or promotes only the
276278 municipality or a political subdivision whose jurisdiction is
277279 wholly or partly concurrent with the municipality.
278280 SECTION 23. The heading to Subchapter H, Chapter 391,
279281 Transportation Code, is amended to read as follows:
280282 SUBCHAPTER H. REGULATION OF COMMERCIAL SIGNS [OUTDOOR ADVERTISING]
281283 ON STATE HIGHWAY 288
282284 SECTION 24. Section 391.211(a), Transportation Code, is
283285 amended to read as follows:
284286 (a) This subchapter applies only to a commercial sign
285287 [outdoor advertising] that is erected on or after September 1,
286288 1993.
287289 SECTION 25. Section 391.212, Transportation Code, is
288290 amended to read as follows:
289291 Sec. 391.212. REGULATION OF CERTAIN COMMERCIAL SIGNS
290292 [OUTDOOR ADVERTISING]. The department may license or otherwise
291293 regulate the erection of a commercial sign [outdoor advertising]
292294 that is located within 1,000 feet of the center line of that part of
293295 State Highway 288 in the unincorporated area of a county.
294296 SECTION 26. The heading to Section 391.252, Transportation
295297 Code, is amended to read as follows:
296298 Sec. 391.252. [OFF-PREMISE SIGNS] PROHIBITED COMMERCIAL
297299 SIGNS.
298300 SECTION 27. Sections 391.252(a) and (c), Transportation
299301 Code, are amended to read as follows:
300302 (a) A person may not erect a commercial [an off-premise]
301303 sign that is adjacent to and visible from:
302304 (1) U.S. Highway 290 between the western city limits
303305 of the city of Austin and the eastern city limits of the city of
304306 Fredericksburg;
305307 (2) State Highway 317 between the northern city limits
306308 of the city of Belton to the southern city limits of the city of
307309 Valley Mills;
308310 (3) State Highway 16 between the northern city limits
309311 of the city of Kerrville and Interstate Highway 20;
310312 (4) U.S. Highway 77 between State Highway 186 and
311313 State Highway 44;
312314 (5) U.S. Highway 281 between:
313315 (A) State Highway 186 and Interstate Highway 37,
314316 exclusive of the segment of U.S. Highway 281 located in the city
315317 limits of Three Rivers; and
316318 (B) the southern boundary line of Comal County
317319 and State Highway 306;
318320 (6) State Highway 17 between State Highway 118 and
319321 U.S. Highway 90;
320322 (7) State Highway 67 between U.S. Highway 90 and
321323 Farm-to-Market Road 170;
322324 (8) Farm-to-Market Road 170 between State Highway 67
323325 and State Highway 118;
324326 (9) State Highway 118 between Farm-to-Market Road 170
325327 and State Highway 17;
326328 (10) State Highway 105 between the western city limits
327329 of the city of Sour Lake to the eastern city limits of the city of
328330 Cleveland;
329331 (11) State Highway 73 between the eastern city limits
330332 of the city of Winnie to the western city limits of the city of Port
331333 Arthur;
332334 (12) State Highway 21 between the southern city limits
333335 of the city of College Station and U.S. Highway 290;
334336 (13) a highway located in:
335337 (A) the Sabine National Forest;
336338 (B) the Davy Crockett National Forest; or
337339 (C) the Sam Houston National Forest;
338340 (14) Segments 1 through 4 of State Highway 130;
339341 (15) a highway in Bandera County that is part of the
340342 state highway system;
341343 (16) Farm-to-Market Road 3238 beginning at State
342344 Highway 71 and any extension of that road through Hays and Blanco
343345 Counties;
344346 (17) Farm-to-Market Road 2978 between Farm-to-Market
345347 Road 1488 and the boundary line between Harris and Montgomery
346348 Counties;
347349 (18) U.S. Highway 90 between the western city limits
348350 of the city of San Antonio and the eastern city limits of the city of
349351 Hondo; or
350352 (19) the following highways in Austin County:
351353 (A) State Highway 159;
352354 (B) Farm-to-Market Road 331;
353355 (C) Farm-to-Market Road 529;
354356 (D) Farm-to-Market Road 1094; and
355357 (E) Farm-to-Market Road 2502.
356358 (c) This section does not prohibit a person from erecting a
357359 commercial [an off-premise] sign permitted by other law, rule, or
358360 regulation that is adjacent to and visible from a roadway not listed
359361 in this section and is visible from a roadway listed under this
360362 section if the intended purpose of the sign is to be visible only
361363 from the roadway not listed under this section.
362364 SECTION 28. Section 391.253, Transportation Code, is
363365 amended to read as follows:
364366 Sec. 391.253. REERECTION, RECONSTRUCTION, REPAIR, OR
365367 REBUILDING OF COMMERCIAL [OFF-PREMISE] SIGNS. (a) A commercial
366368 [An off-premise] sign that is adjacent to and visible from a highway
367369 listed in Section 391.252 that is blown down, destroyed, taken
368370 down, or removed for a purpose other than maintenance or to change a
369371 letter, symbol, or other matter on the sign may be reerected,
370372 reconstructed, repaired, or rebuilt only if the cost of reerecting,
371373 reconstructing, repairing, or rebuilding the sign is not more than
372374 60 percent of the cost of erecting a new commercial [off-premise]
373375 sign of the same size, type, and construction at the same location.
374376 (b) The department shall permit the relocation of a
375377 commercial [an off-premise] sign adjacent to and visible from a
376378 highway listed in Section 391.252 to another location that is
377379 adjacent to and visible from the same highway if:
378380 (1) the construction, reconstruction, or expansion of
379381 a highway requires the removal of the sign;
380382 (2) the sign is not modified to increase the
381383 above-grade height, the area of each sign face, the dimensions of
382384 the sign face, the number of sign faces, or the illumination of the
383385 sign; and
384386 (3) the department identifies an alternate site for
385387 the relocation of the sign adjacent to and visible from the highway
386388 listed in Section 391.252.
387389 (c) For purposes of this section, the department shall
388390 specify, within 30 days of receipt of a request for a relocation
389391 site, a minimum of three alternate sites that meet permitting
390392 requirements for a commercial [an off-premise] sign to be
391393 reerected, reconstructed, repaired, or rebuilt adjacent to and
392394 visible from a highway listed in Section 391.252.
393395 (d) The owner of a commercial [an off-premise] sign that is
394396 reerected, reconstructed, repaired, or rebuilt according to
395397 Subsection (a) or relocated according to Subsection (b) may alter
396398 the materials and design of the sign to reduce the number of upright
397399 supports, subject to other restrictions in this section, in a
398400 manner that meets or exceeds the pre-existing structural
399401 specifications of the sign.
400402 SECTION 29. Section 391.254(d), Transportation Code, is
401403 amended to read as follows:
402404 (d) Before a suit may be brought for a violation of Section
403405 391.252, the attorney general, the district or county attorney for
404406 the county, or the municipal attorney of the municipality in which
405407 the violation is alleged to have occurred shall give the owner of
406408 the commercial [off-premise] sign a written notice that:
407409 (1) describes the violation and specific location of
408410 the sign found to be in violation;
409411 (2) states the amount of the proposed penalty for the
410412 violation; and
411413 (3) gives the owner 30 days from receipt to remove the
412414 sign and cure the violation to avoid the penalty unless the sign
413415 owner was given notice and opportunity to cure a similar violation
414416 within the preceding 12 months.
415417 SECTION 30. Section 394.0203, Transportation Code, is
416418 amended to read as follows:
417419 Sec. 394.0203. LICENSE FEE. The commission may set the
418420 amount of a license fee according to a scale graduated by the number
419421 of off-premise signs owned by the license applicant regulated under
420422 this chapter and commercial signs owned by the applicant regulated
421423 [units of outdoor advertising] under Chapter 391 [owned by a
422424 license applicant].
423425 SECTION 31. Section 394.0205(b), Transportation Code, is
424426 amended to read as follows:
425427 (b) For the efficient management and administration of this
426428 chapter and to reduce the number of employees required to enforce
427429 this chapter, the commission shall adopt rules for issuing
428430 standardized forms that are for submission by license holders and
429431 applicants and that provide for an accurate showing of the number,
430432 location, or other information required by the commission for each
431433 license holder's or applicant's off-premise signs under this
432434 chapter or commercial signs [outdoor advertising] under Chapter
433435 391.
434436 SECTION 32. Section 394.0207, Transportation Code, is
435437 amended to read as follows:
436438 Sec. 394.0207. APPLICABILITY OF LICENSE. In addition to
437439 authorizing a person to erect or maintain an off-premise sign, a
438440 license issued under this chapter authorizes a person to erect or
439441 maintain a commercial sign [outdoor advertising] under Chapter 391.
440442 SECTION 33. The following provisions of the Transportation
441443 Code are repealed:
442444 (1) Section 391.001(10);
443445 (2) Section 391.005;
444446 (3) Section 391.031(b);
445447 (4) Section 391.037;
446448 (5) Section 391.061(c); and
447449 (6) Section 391.251.
448450 SECTION 34. This Act takes effect immediately if it
449451 receives a vote of two-thirds of all the members elected to each
450452 house, as provided by Section 39, Article III, Texas Constitution.
451453 If this Act does not receive the vote necessary for immediate
452454 effect, this Act takes effect September 1, 2017.
453- ______________________________ ______________________________
454- President of the Senate Speaker of the House
455- I hereby certify that S.B. No. 2006 passed the Senate on
456- April 26, 2017, by the following vote: Yeas 24, Nays 6, one
457- present not voting.
458- ______________________________
459- Secretary of the Senate
460- I hereby certify that S.B. No. 2006 passed the House on
461- May 20, 2017, by the following vote: Yeas 115, Nays 22, one
462- present not voting.
463- ______________________________
464- Chief Clerk of the House
465- Approved:
466- ______________________________
467- Date
468- ______________________________
469- Governor