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