| 1 | 1 | | 86R1178 BEE-F |
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| 2 | 2 | | By: Davis of Harris H.B. No. 789 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the height of outdoor advertising signs regulated by |
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| 8 | 8 | | the Texas Department of Transportation. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 391.038(b) and (c), Transportation |
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| 11 | 11 | | Code, are amended to read as follows: |
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| 12 | 12 | | (b) A sign [described by Subsection (a)] may not be higher |
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| 13 | 13 | | than 42-1/2 [85] feet, excluding a cutout that extends above the |
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| 14 | 14 | | rectangular border of the sign, measured: |
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| 15 | 15 | | (1) from the grade level of the centerline of the |
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| 16 | 16 | | main-traveled way, not including a frontage road of a controlled |
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| 17 | 17 | | access highway, closest to the sign at a point perpendicular to the |
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| 18 | 18 | | sign location; or |
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| 19 | 19 | | (2) if the main-traveled way is below grade, from the |
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| 20 | 20 | | base of the sign structure. |
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| 21 | 21 | | (c) A person may not rebuild a sign [described by Subsection |
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| 22 | 22 | | (a) without obtaining a new or amended permit from the department, |
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| 23 | 23 | | provided that the sign is rebuilt at the same location where the |
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| 24 | 24 | | sign existed on March 1, 2017, and] at a height that exceeds 42-1/2 |
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| 25 | 25 | | feet [does not exceed the height of the sign on that date]. |
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| 26 | 26 | | SECTION 2. Section 391.038(a), Transportation Code, is |
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| 27 | 27 | | repealed. |
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| 28 | 28 | | SECTION 3. (a) Section 391.038(b), Transportation Code, as |
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| 29 | 29 | | amended by this Act, applies only to a sign subject to a permit |
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| 30 | 30 | | issued on or after the effective date of this Act. |
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| 31 | 31 | | (b) Section 391.038(c), Transportation Code, as amended by |
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| 32 | 32 | | this Act, applies only to a sign for which rebuilding begins on or |
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| 33 | 33 | | after the effective date of this Act. |
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| 34 | 34 | | SECTION 4. This Act takes effect September 1, 2019. |
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