| 1 | 1 | | 88R4273 AJZ-F |
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| 2 | 2 | | By: Hughes S.B. No. 898 |
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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 | | and outdoor 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 BECAUSE OF HIGHWAY CONSTRUCTION, |
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| 14 | 14 | | PUBLIC INFRASTRUCTURE, OR PUBLIC IMPROVEMENT. (a) If a commercial |
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| 15 | 15 | | sign use, structure, or permit may not be continued because of the |
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| 16 | 16 | | widening, construction, or reconstruction of a highway, the |
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| 17 | 17 | | installation, expansion, or construction of public infrastructure, |
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| 18 | 18 | | or the undertaking of a public improvement project by a public |
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| 19 | 19 | | improvement district, the owner of the commercial sign is entitled |
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| 20 | 20 | | to relocate the use, structure, or permit to another location: |
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| 21 | 21 | | (1) on the same property; |
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| 22 | 22 | | (2) on adjacent property; |
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| 23 | 23 | | (3) on the same highway not more than one mile from the |
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| 24 | 24 | | previous location; or |
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| 25 | 25 | | (4) if the commercial sign is within a municipality or |
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| 26 | 26 | | the extraterritorial jurisdiction of a municipality, within that |
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| 27 | 27 | | municipality or its extraterritorial jurisdiction. |
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| 28 | 28 | | (b) Relocation under this section shall be to a location |
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| 29 | 29 | | where a commercial sign is permitted under Section 391.031. |
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| 30 | 30 | | (c) The county or municipality in which the use or structure |
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| 31 | 31 | | is located shall, if necessary, provide for the relocation by a |
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| 32 | 32 | | special exception to any applicable zoning ordinance. |
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| 33 | 33 | | (d) Any governmental entity, quasi-governmental entity, or |
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| 34 | 34 | | public utility that acquires a commercial sign by eminent domain or |
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| 35 | 35 | | causes the need for the commercial sign to be relocated under this |
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| 36 | 36 | | section shall pay the costs related to the acquisition or |
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| 37 | 37 | | relocation. |
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| 38 | 38 | | Sec. 391.037. OBSTRUCTION OF VIEW AND READABILITY. (a) If |
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| 39 | 39 | | the view and readability of a commercial sign are obstructed due to |
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| 40 | 40 | | a noise abatement or safety measure, a grade change, vegetation, |
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| 41 | 41 | | construction, an aesthetic improvement made by an agency of this |
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| 42 | 42 | | state, a directional sign, or widening along a highway, the owner of |
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| 43 | 43 | | the sign may: |
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| 44 | 44 | | (1) adjust the height of the sign; or |
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| 45 | 45 | | (2) relocate the sign to a location within 500 feet of |
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| 46 | 46 | | its previous location, if the sign complies with the spacing |
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| 47 | 47 | | requirements under this chapter and is in a location in which a |
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| 48 | 48 | | commercial sign is permitted under Section 391.031. |
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| 49 | 49 | | (b) A county or municipality in which the commercial sign is |
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| 50 | 50 | | located shall, if necessary, provide for the height adjustment or |
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| 51 | 51 | | relocation by a special exception to any applicable zoning |
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| 52 | 52 | | ordinance. |
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| 53 | 53 | | (c) Notwithstanding any height requirements established |
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| 54 | 54 | | under this subtitle, the adjusted or relocated commercial sign may |
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| 55 | 55 | | be erected to a height and angle to make it clearly visible to |
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| 56 | 56 | | traffic on the main-traveled way of the highway and must be the same |
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| 57 | 57 | | size as the previous sign. |
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| 58 | 58 | | SECTION 2. Subtitle H, Title 6, Transportation Code, is |
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| 59 | 59 | | amended by adding Chapter 398 to read as follows: |
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| 60 | 60 | | CHAPTER 398. PROVISIONS GENERALLY APPLICABLE TO OUTDOOR SIGNS |
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| 61 | 61 | | Sec. 398.001. DEFINITION. In this chapter, "off-premise |
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| 62 | 62 | | sign" means an outdoor sign displaying advertising that pertains to |
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| 63 | 63 | | a business, person, organization, activity, event, place, service, |
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| 64 | 64 | | or product not principally located or primarily manufactured or |
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| 65 | 65 | | sold on the premises on which the sign is located. |
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| 66 | 66 | | Sec. 398.002. RIGHTS OF OWNER OF CERTAIN SIGNS. The rights |
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| 67 | 67 | | associated with an off-premise sign that is lawfully in existence |
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| 68 | 68 | | but no longer complies with current applicable laws and |
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| 69 | 69 | | regulations, including laws and regulations promulgated under |
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| 70 | 70 | | Chapters 391 and 394 of this code, and Chapter 216, Local Government |
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| 71 | 71 | | Code, vest in the owner of the off-premise sign. |
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| 72 | 72 | | SECTION 3. This Act takes effect September 1, 2023. |
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