S.B. No. 357
AN ACT
relating to outdoor advertising signs regulated by the Texas
Department of Transportation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 391.038, Transportation Code, is amended
to read as follows:
Sec. 391.038. SIGN HEIGHT. (a) Except as otherwise
provided by this section, a sign may not be higher than 60 feet,
excluding a cutout that extends above the rectangular border of the
sign, measured:
(1) from the grade level of the centerline of the
main-traveled way, not including a frontage road of a controlled
access highway, closest to the sign at a point perpendicular to the
sign location; or
(2) if the main-traveled way is below grade, from the
base of the sign structure [This section applies only to a sign
existing on March 1, 2017, that was erected before that date].
(a-1) Subsection (a) does not apply to a sign regulated by a
municipality certified for local control under an agreement with
the department as provided by department rule.
(b) A sign existing on March 1, 2017, that was erected
before that date [described by Subsection (a)] may not be higher
than 85 feet, excluding a cutout that extends above the rectangular
border of the sign, measured:
(1) from the grade level of the centerline of the
main-traveled way, not including a frontage road of a controlled
access highway, closest to the sign at a point perpendicular to the
sign location; or
(2) if the main-traveled way is below grade, from the
base of the sign structure.
(c) A person who holds a permit for a sign existing on March
1, 2017, that was erected before that date may rebuild the [a] sign
[described by Subsection (a) without obtaining a new or amended
permit from the department], provided that the sign is rebuilt at
the same location where the sign existed on that date [March 1,
2017, and] at a height that does not exceed the lesser of:
(1) the height of the sign on March 1, 2017; or
(2) 85 feet [that date].
(c-1) Except as provided by Subsection (c-2), before
rebuilding a sign under Subsection (c), the person who holds the
permit for the sign must obtain a new or amended permit if required
by:
(1) a provision of this chapter; or
(2) a rule adopted to implement a provision of this
chapter.
(c-2) Subsection (c-1) does not apply to the rebuilding of a
sign under Subsection (c) if the person who holds the permit for the
sign rebuilds because of damage to the sign caused by:
(1) wind or a natural disaster;
(2) a motor vehicle accident; or
(3) an act of God.
SECTION 2. Subchapter B, Chapter 391, Transportation Code,
is amended by adding Section 391.0381 to read as follows:
Sec. 391.0381. VIOLATIONS BY CERTAIN PERSONS OF SIGN HEIGHT
PROVISION: PERMIT DENIAL. (a) This section applies only to a
person who has permits for 100 or more signs.
(b) If a sign for which a person has a permit violates
Section 391.038 or a rule adopted to implement that section, the
commission may, after notice and an opportunity for a hearing
before the commission, deny an application for a permit requested
by the person on or after the date of the violation.
(c) After notice and an opportunity for hearing before the
commission, the commission may deny an application for a permit or
permit renewal for a sign if another sign for which the person has a
permit is in violation of Section 391.038. The commission is not
required to issue a permit to or renew a permit of the person for a
sign until all signs for which the person has a permit comply with
Section 391.038.
SECTION 3. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 357 passed the Senate on
March 25, 2019, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 21, 2019, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 357 passed the House, with
amendments, on May 16, 2019, by the following vote: Yeas 116,
Nays 17, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor