Texas 2019 - 86th Regular

Texas Senate Bill SB357 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 357
	1	+	86R31988 BEE-F
	2	+	By: Nichols, et al. S.B. No. 357
	3	+	(Canales)
	4	+	Substitute the following for S.B. No. 357: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to outdoor advertising signs regulated by the Texas
6	10		Department of Transportation.
7	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	12		SECTION 1. Section 391.038, Transportation Code, is amended
9	13		to read as follows:
10	14		Sec. 391.038. SIGN HEIGHT. (a) Except as otherwise
11	15		provided by this section, a sign may not be higher than 60 feet,
12	16		excluding a cutout that extends above the rectangular border of the
13	17		sign, measured:
14	18		(1) from the grade level of the centerline of the
15	19		main-traveled way, not including a frontage road of a controlled
16	20		access highway, closest to the sign at a point perpendicular to the
17	21		sign location; or
18	22		(2) if the main-traveled way is below grade, from the
19	23		base of the sign structure [This section applies only to a sign
20	24		existing on March 1, 2017, that was erected before that date].
21	25		(a-1) Subsection (a) does not apply to a sign regulated by a
22	26		municipality certified for local control under an agreement with
23	27		the department as provided by department rule.
24	28		(b) A sign existing on March 1, 2017, that was erected
25	29		before that date [described by Subsection (a)] may not be higher
26	30		than 85 feet, excluding a cutout that extends above the rectangular
27	31		border of the sign, measured:
28	32		(1) from the grade level of the centerline of the
29	33		main-traveled way, not including a frontage road of a controlled
30	34		access highway, closest to the sign at a point perpendicular to the
31	35		sign location; or
32	36		(2) if the main-traveled way is below grade, from the
33	37		base of the sign structure.
34		-	(c) A person who holds a permit for a sign existing on March
35		-	1, 2017, that was erected before that date may rebuild the [a] sign
36		-	[described by Subsection (a) without obtaining a new or amended
37		-	permit from the department], provided that the sign is rebuilt at
38		-	the same location where the sign existed on that date [March 1,
39		-	2017, and] at a height that does not exceed the lesser of:
40		-	(1) the height of the sign on March 1, 2017; or
41		-	(2) 85 feet [that date].
42		-	(c-1) Except as provided by Subsection (c-2), before
43		-	rebuilding a sign under Subsection (c), the person who holds the
44		-	permit for the sign must obtain a new or amended permit if required
45		-	by:
46		-	(1) a provision of this chapter; or
47		-	(2) a rule adopted to implement a provision of this
48		-	chapter.
49		-	(c-2) Subsection (c-1) does not apply to the rebuilding of a
50		-	sign under Subsection (c) if the person who holds the permit for the
51		-	sign rebuilds because of damage to the sign caused by:
52		-	(1) wind or a natural disaster;
53		-	(2) a motor vehicle accident; or
54		-	(3) an act of God.
55		-	SECTION 2. Subchapter B, Chapter 391, Transportation Code,
56		-	is amended by adding Section 391.0381 to read as follows:
57		-	Sec. 391.0381. VIOLATIONS BY CERTAIN PERSONS OF SIGN HEIGHT
58		-	PROVISION: PERMIT DENIAL. (a) This section applies only to a
59		-	person who has permits for 100 or more signs.
60		-	(b) If a sign for which a person has a permit violates
61		-	Section 391.038 or a rule adopted to implement that section, the
62		-	commission may, after notice and an opportunity for a hearing
63		-	before the commission, deny an application for a permit requested
64		-	by the person on or after the date of the violation.
65		-	(c) After notice and an opportunity for hearing before the
66		-	commission, the commission may deny an application for a permit or
67		-	permit renewal for a sign if another sign for which the person has a
68		-	permit is in violation of Section 391.038. The commission is not
69		-	required to issue a permit to or renew a permit of the person for a
70		-	sign until all signs for which the person has a permit comply with
71		-	Section 391.038.
72		-	SECTION 3. This Act takes effect September 1, 2019.
73		-	______________________________ ______________________________
74		-	President of the Senate Speaker of the House
75		-	I hereby certify that S.B. No. 357 passed the Senate on
76		-	March 25, 2019, by the following vote: Yeas 31, Nays 0; and that
77		-	the Senate concurred in House amendments on May 21, 2019, by the
78		-	following vote: Yeas 31, Nays 0.
79		-	______________________________
80		-	Secretary of the Senate
81		-	I hereby certify that S.B. No. 357 passed the House, with
82		-	amendments, on May 16, 2019, by the following vote: Yeas 116,
83		-	Nays 17, two present not voting.
84		-	______________________________
85		-	Chief Clerk of the House
86		-	Approved:
87		-	______________________________
88		-	Date
89		-	______________________________
90		-	Governor
	38	+	(c) A person may rebuild a sign existing on March 1, 2017,
	39	+	that was erected before that date [described by Subsection (a)]
	40	+	without obtaining a new or amended permit from the department,
	41	+	provided that the sign is rebuilt at the same location where the
	42	+	sign existed on March 1, 2017, and at a height that does not exceed
	43	+	the height of the sign on that date.
	44	+	SECTION 2. This Act takes effect September 1, 2019.