| 1 | 1 | | 88R20485 AJZ-F |
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| 2 | 2 | | By: Canales H.B. No. 2806 |
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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 relocation, adjustment, and ownership of commercial |
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| 8 | 8 | | signs. |
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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. Subchapter B, Chapter 391, Transportation Code, |
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| 11 | 11 | | is amended by adding Sections 391.0331 and 391.037 to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | Sec. 391.0331. RELOCATION OF CERTAIN COMMERCIAL SIGNS |
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| 14 | 14 | | BECAUSE OF HIGHWAY CONSTRUCTION, PUBLIC INFRASTRUCTURE, OR PUBLIC |
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| 15 | 15 | | IMPROVEMENT. (a) If a commercial sign use, structure, or permit |
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| 16 | 16 | | may not be continued because of the widening, construction, or |
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| 17 | 17 | | reconstruction of a highway, the installation, expansion, or |
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| 18 | 18 | | construction of public infrastructure, or the undertaking of a |
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| 19 | 19 | | public improvement project by a public improvement district, the |
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| 20 | 20 | | owner of the commercial sign may relocate the use, structure, or |
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| 21 | 21 | | permit to another location permitted by this chapter or rules |
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| 22 | 22 | | adopted under this chapter. |
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| 23 | 23 | | (b) If the use or structure is located in a municipality, |
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| 24 | 24 | | the municipality in which the use or structure is located shall, if |
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| 25 | 25 | | necessary, provide for the relocation by a special exception to any |
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| 26 | 26 | | applicable ordinance. |
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| 27 | 27 | | Sec. 391.037. OBSTRUCTION OF VIEW AND READABILITY OF |
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| 28 | 28 | | CERTAIN COMMERCIAL SIGNS. (a) If the view and readability of a |
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| 29 | 29 | | commercial sign are obstructed due to a noise abatement or safety |
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| 30 | 30 | | measure, a grade change, vegetation, construction, an aesthetic |
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| 31 | 31 | | improvement made by an agency of this state, or a directional sign, |
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| 32 | 32 | | the owner of the commercial sign may relocate the sign to a location |
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| 33 | 33 | | in which a commercial sign is permitted under this chapter or rules |
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| 34 | 34 | | adopted under this chapter. The owner of the sign is responsible |
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| 35 | 35 | | for all costs associated with relocating a sign under this |
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| 36 | 36 | | subsection and is not entitled to any compensation for those costs. |
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| 37 | 37 | | (b) If the commercial sign is located in a municipality, the |
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| 38 | 38 | | municipality in which the commercial sign is located shall, if |
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| 39 | 39 | | necessary, provide for the relocation by a special exception to any |
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| 40 | 40 | | applicable ordinance. |
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| 41 | 41 | | SECTION 2. Subtitle H, Title 6, Transportation Code, is |
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| 42 | 42 | | amended by adding Chapter 398 to read as follows: |
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| 43 | 43 | | CHAPTER 398. PROVISIONS GENERALLY APPLICABLE TO OUTDOOR COMMERCIAL |
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| 44 | 44 | | SIGNS |
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| 45 | 45 | | Sec. 398.001. RIGHTS OF OWNER OF CERTAIN SIGNS. The rights |
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| 46 | 46 | | associated with a commercial sign, as defined by Section 391.001, |
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| 47 | 47 | | that was lawfully erected but no longer complies with current laws |
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| 48 | 48 | | and regulations, including laws and regulations promulgated under |
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| 49 | 49 | | Chapters 391 and 394 of this code, and Chapter 216, Local Government |
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| 50 | 50 | | Code, vest in the owner of the commercial sign. |
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| 51 | 51 | | SECTION 3. This Act takes effect September 1, 2023. |
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