Bill Text: TX SB2006 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to erecting or maintaining certain outdoor signs regulated by the Texas Department of Transportation.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-15 - Effective immediately [SB2006 Detail]
Download: Texas-2017-SB2006-Introduced.html
Bill Title: Relating to erecting or maintaining certain outdoor signs regulated by the Texas Department of Transportation.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-15 - Effective immediately [SB2006 Detail]
Download: Texas-2017-SB2006-Introduced.html
85R9890 JTS-F | ||
By: Watson | S.B. No. 2006 |
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relating to erecting or maintaining certain outdoor signs regulated | |||||||
by the Texas Department of Transportation. | |||||||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |||||||
SECTION 1. Section 201.931(2), Transportation Code, is | |||||||
amended to read as follows: | |||||||
(2) "License" means a license or permit for a | |||||||
commercial sign [ |
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for an off-premise sign issued under Chapter 394. | |||||||
SECTION 2. Section 391.001, Transportation Code, is amended | |||||||
by adding Subdivisions (1-a) and (11-a) to read as follows: | |||||||
(1-a) "Commercial sign" means a sign that is intended to | |||||||
be leased, or for which payment of any type is intended to be or is | |||||||
received, for the display of any good, service, brand, slogan, | |||||||
message, product, or company. | |||||||
(11-a) "Sign" means any structure, display, light, | |||||||
device, figure, painting, drawing, message, plaque, placard, | |||||||
poster, billboard, logo, or symbol that is designed, intended, or | |||||||
used to advertise or inform. | |||||||
SECTION 3. Section 391.002(b), Transportation Code, is | |||||||
amended to read as follows: | |||||||
(b) The legislature declares that it is necessary to | |||||||
regulate the erection and maintenance of commercial signs [ |
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junkyards in areas adjacent to the interstate and primary systems | |||||||
to: | |||||||
(1) promote the health, safety, welfare, morals, | |||||||
convenience, and enjoyment of the traveling public; and | |||||||
(2) protect the public investment in the interstate | |||||||
and primary systems. | |||||||
SECTION 4. Section 391.006(a), Transportation Code, is | |||||||
amended to read as follows: | |||||||
(a) The commission by rule shall establish procedures for | |||||||
accepting and resolving written complaints related to signs that | |||||||
are subject to [ |
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must include: | |||||||
(1) a process to make information available describing | |||||||
the department's procedures for complaint investigation and | |||||||
resolution, including making information about the procedures | |||||||
available on the department's Internet website; | |||||||
(2) a system to prioritize complaints so that the most | |||||||
serious complaints receive attention before less serious | |||||||
complaints; and | |||||||
(3) a procedure for compiling and reporting detailed | |||||||
annual statistics about complaints. | |||||||
SECTION 5. The heading to Subchapter B, Chapter 391, | |||||||
Transportation Code, is amended to read as follows: | |||||||
SUBCHAPTER B. REGULATION OF COMMERCIAL SIGNS [ |
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GENERALLY | |||||||
SECTION 6. The heading to Section 391.031, Transportation | |||||||
Code, is amended to read as follows: | |||||||
Sec. 391.031. UNLAWFUL COMMERCIAL SIGNS [ |
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SECTION 7. Section 391.031, Transportation Code, is amended | |||||||
by amending Subsection (a) and adding Subsection (b-1) to read as | |||||||
follows: | |||||||
(a) A person commits an offense if the person erects or | |||||||
maintains a commercial sign [ |
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commercial sign [ |
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on property owned by the person: | |||||||
(1) within 660 feet of the nearest edge of a | |||||||
right-of-way if the sign [ |
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main-traveled way of the interstate or primary system; or | |||||||
(2) outside an urban area if the sign [ |
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located more than 660 feet from the nearest edge of a right-of-way, | |||||||
is visible from the main-traveled way of the interstate or primary | |||||||
system, and is erected for the purpose of having the sign [ |
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primary system. | |||||||
(b-1) A person does not commit an offense under this section | |||||||
if the person: | |||||||
(1) erects or maintains a commercial sign located | |||||||
within 660 feet of the nearest edge of a right-of-way in an area in | |||||||
which the land use: | |||||||
(A) is designated industrial or commercial under | |||||||
authority of law; or | |||||||
(B) is not designated industrial or commercial | |||||||
under authority of law, but the land use is consistent with an area | |||||||
designated industrial or commercial; and | |||||||
(2) holds a permit issued by the department for the | |||||||
sign. | |||||||
SECTION 8. Section 391.032, Transportation Code, is amended | |||||||
to read as follows: | |||||||
Sec. 391.032. REGULATION OF COMMERCIAL SIGNS [ |
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by rule may regulate the orderly and effective display of | |||||||
commercial signs [ |
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customary use of commercial signs [ |
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state in an area in which the land use: | |||||||
(1) is designated industrial or commercial under | |||||||
authority of law; and | |||||||
(2) is not so designated but in which the land use is | |||||||
consistent with areas designated industrial or commercial in the | |||||||
manner provided by Section 391.031(c). | |||||||
(b) The commission may agree with the secretary of the | |||||||
United States Department of Transportation to regulate the orderly | |||||||
and effective display of commercial signs [ |
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an area described by Subsection (a). | |||||||
SECTION 9. Section 391.033, Transportation Code, is amended | |||||||
to read as follows: | |||||||
Sec. 391.033. ACQUISITION OF COMMERCIAL SIGNS [ |
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acquire by eminent domain a commercial sign [ |
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that is lawfully in existence on a highway in the interstate or | |||||||
primary system. | |||||||
(b) If an acquisition is by eminent domain, the commission | |||||||
shall pay just compensation to: | |||||||
(1) the owner for the right, title, leasehold, and | |||||||
interest in the commercial sign [ |
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(2) the owner or, if appropriate, the lessee of the | |||||||
real property on which the commercial sign [ |
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located for the right to erect and maintain the sign [ |
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SECTION 10. Section 391.034, Transportation Code, is | |||||||
amended to read as follows: | |||||||
Sec. 391.034. NUISANCE [ |
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(a) A commercial sign [ |
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maintained in violation of this chapter: | |||||||
(1) endangers the health, safety, welfare, morals, | |||||||
[ |
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protection of the public investment in the interstate and primary | |||||||
highway systems; and | |||||||
(2) is a public nuisance. | |||||||
(b) On written notice by certified mail from the department, | |||||||
an owner of a commercial sign [ |
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nuisance under Subsection (a) shall remove the sign [ |
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If the owner does not remove the sign [ |
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45 days of the date of the notice, the department may direct the | |||||||
attorney general to apply for an injunction to: | |||||||
(1) prohibit the owner from maintaining the sign | |||||||
[ |
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(2) require the removal of the sign [ |
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(c) The state is entitled to recover from the owner of a | |||||||
commercial sign [ |
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brought under Subsection (b) all administrative and legal costs and | |||||||
expenses incurred to remove the sign [ |
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costs and reasonable attorney's fees. | |||||||
SECTION 11. Section 391.036, Transportation Code, is | |||||||
amended to read as follows: | |||||||
Sec. 391.036. SCOPE OF COMMISSION RESPONSIBILITY. The | |||||||
commission's responsibility for the regulation of commercial signs | |||||||
[ |
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primary systems, including interstate highways, state highways, | |||||||
and farm-to-market roads [ |
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SECTION 12. Subchapter B, Chapter 391, Transportation Code, | |||||||
is amended by adding Sections 391.038, 391.039, 391.040, 391.041, | |||||||
391.042, 391.043, and 391.044 to read as follows: | |||||||
Sec. 391.038. FACE RESTRICTIONS. (a) The face area of a | |||||||
commercial sign may not be larger than 672 square feet, excluding a | |||||||
cutout, upright, trim, or apron. | |||||||
(b) The cutout area of a commercial sign may not be larger | |||||||
than 20 percent of the sign's surface copy area. | |||||||
Sec. 391.039. WIND LOAD PRESSURE RESTRICTIONS. (a) A | |||||||
commercial sign must be designed to resist wind loads as follows: | |||||||
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(b) Under this section, the height of a commercial sign is | |||||||
measured from the highest point on the sign to the nearest paved | |||||||
edge of the main-traveled way from which the sign is intended to be | |||||||
viewed. | |||||||
Sec. 391.040. DETERMINING FACE AREA OF CERTAIN COMMERCIAL | |||||||
SIGNS. Each face area of a double-faced, back-to-back, or V-type | |||||||
commercial sign is considered to be a separate sign for the purpose | |||||||
of determining the face area under Section 391.038. | |||||||
Sec. 391.041. REPLACEMENT OR REPAIR. (a) A commercial sign | |||||||
or a substantial part of a commercial sign that is blown down, | |||||||
destroyed, taken down, or removed for any purpose other than for | |||||||
maintenance or for changing sign face material may not be | |||||||
reerected, reconstructed, or rebuilt unless the sign conforms with | |||||||
this chapter. | |||||||
(b) For purposes of this section, a commercial sign or | |||||||
substantial part of a commercial sign is considered destroyed only | |||||||
if the cost of repairing the sign is more than 60 percent of the cost | |||||||
of erecting a new sign of the same configuration and material at the | |||||||
same location. | |||||||
Sec. 391.042. HEIGHT RESTRICTIONS. (a) A commercial sign | |||||||
may not be higher than 42-1/2 feet, excluding a cutout that extends | |||||||
above the rectangular border, measured from the highest point on | |||||||
the sign to the nearest paved edge of the main-traveled way from | |||||||
which the sign is intended to be viewed. | |||||||
(b) No part of a commercial sign that is erected on a | |||||||
building's roof and that has a tight or solid surface may be higher | |||||||
than 24 feet above the roof level. | |||||||
(c) No part of a commercial sign that is erected on a | |||||||
building's roof and the uniform open area of the face of which is 40 | |||||||
percent or more of the total gross area of the face may be higher | |||||||
than 40 feet above the roof level. | |||||||
(d) The lowest point on a projecting commercial sign may not | |||||||
be lower than 14 feet above grade. | |||||||
Sec. 391.043. SPACE BETWEEN COMMERCIAL SIGNS. (a) In this | |||||||
section, "freeway" means a divided, controlled access highway for | |||||||
through traffic. The term includes a toll road. | |||||||
(b) Except as provided by Subsection (d), commercial signs | |||||||
on the same side of an interstate or primary system freeway, | |||||||
including freeway frontage roads, may not be erected closer than | |||||||
1,500 feet apart. | |||||||
(c) Commercial signs on the same side of a non-freeway | |||||||
primary system highway may not be erected closer than: | |||||||
(1) 750 feet apart in an unincorporated area; or | |||||||
(2) 300 feet apart inside the corporate boundaries of | |||||||
a municipality. | |||||||
(d) A commercial sign that is located within the corporate | |||||||
boundaries of a municipality on a primary system freeway may not be | |||||||
erected closer than 500 feet to another commercial sign that is on | |||||||
the same side of the highway and inside the corporate boundaries of | |||||||
the municipality. | |||||||
(e) A commercial sign that is located within the corporate | |||||||
boundaries of a municipality on a non-freeway primary system | |||||||
highway may not be erected closer than: | |||||||
(1) 750 feet to another commercial sign that is on the | |||||||
same side of the highway in an unincorporated area; or | |||||||
(2) 300 feet to another commercial sign that is on the | |||||||
same side of the highway and inside the corporate boundaries of a | |||||||
municipality. | |||||||
(f) For the purposes of this section, the space between | |||||||
commercial signs is measured between points along the right-of-way | |||||||
of the highway perpendicular to the center of the signs. | |||||||
(g) For the purposes of this section, a municipality's | |||||||
extraterritorial jurisdiction is not considered to be included | |||||||
within the corporate boundaries of the municipality. | |||||||
(h) For the purposes of this section, a commercial sign that | |||||||
is being displaced by a highway construction project will not be | |||||||
considered in determining spacing requirements for a new commercial | |||||||
sign permit application. | |||||||
(i) The spacing requirements of this section do not apply to | |||||||
commercial signs that are separated by buildings, natural | |||||||
surroundings, or other obstructions in a manner that causes only | |||||||
one of the signs to be visible within the specified spacing area. | |||||||
Sec. 391.044. DISTANCE OF COMMERCIAL SIGN FROM HIGHWAY. A | |||||||
commercial sign may not be erected so that any part of the sign's | |||||||
face is closer than five feet to the nearest edge of a right-of-way | |||||||
of a highway. | |||||||
SECTION 13. The heading to Subchapter C, Chapter 391, | |||||||
Transportation Code, is amended to read as follows: | |||||||
SUBCHAPTER C. LICENSE AND PERMIT FOR COMMERCIAL SIGNS [ |
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SECTION 14. The heading to Section 391.061, Transportation | |||||||
Code, is amended to read as follows: | |||||||
Sec. 391.061. [ |
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COMMERCIAL SIGNS; OFFENSE. | |||||||
SECTION 15. Section 391.061(a), Transportation Code, is | |||||||
amended to read as follows: | |||||||
(a) A person commits an offense if the person wilfully | |||||||
erects or maintains a commercial sign [ |
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area described by Section 391.031(a) without a license under this | |||||||
subchapter. | |||||||
SECTION 16. Section 391.063, Transportation Code, is | |||||||
amended to read as follows: | |||||||
Sec. 391.063. LICENSE FEE. The commission may set the | |||||||
amount of a license fee according to a scale graduated by the number | |||||||
of commercial signs owned by the license applicant that are | |||||||
regulated under this chapter [ |
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number of off-premise signs owned by the license applicant and | |||||||
regulated under Chapter 394 [ |
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SECTION 17. Section 391.064(a), Transportation Code, is | |||||||
amended to read as follows: | |||||||
(a) The surety bond required of an applicant for a license | |||||||
under Section 391.062 must be: | |||||||
(1) in the amount of $2,500 for each county in the | |||||||
state in which the person erects or maintains a commercial sign | |||||||
[ |
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(2) payable to the commission for reimbursement for | |||||||
removal costs of a commercial sign [ |
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license holder unlawfully erects or maintains. | |||||||
SECTION 18. Section 391.065, Transportation Code, is | |||||||
amended to read as follows: | |||||||
Sec. 391.065. RULES; FORMS. (a) The commission may adopt | |||||||
rules to implement this subchapter and Subchapters A and B | |||||||
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(b) For the efficient management and administration of this | |||||||
chapter and to reduce the number of employees required to enforce | |||||||
this chapter, the commission shall adopt rules for issuing | |||||||
standardized forms that are for submission by license holders and | |||||||
applicants and that provide for an accurate showing of the number, | |||||||
location, or other information required by the commission for each | |||||||
license holder's or applicant's commercial signs under this chapter | |||||||
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(c) The commission may not adopt a rule under this chapter | |||||||
that restricts competitive bidding or advertising by the holder of | |||||||
a license issued under this chapter other than a rule to prohibit | |||||||
false, misleading, or deceptive practices. The limitation provided | |||||||
by this section applies only to rules relating to the occupation of | |||||||
erecting or maintaining commercial signs [ |
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does not affect the commission's power to regulate the orderly and | |||||||
effective display of commercial signs [ |
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this chapter. A rule to prohibit false, misleading, or deceptive | |||||||
practices may not: | |||||||
(1) restrict the use of: | |||||||
(A) any legal medium for an advertisement; | |||||||
(B) the license holder's advertisement under a | |||||||
trade name; or | |||||||
(C) the license holder's personal appearance or | |||||||
voice in an advertisement, if the license holder is an individual; | |||||||
or | |||||||
(2) relate to the size or duration of an advertisement | |||||||
by the license holder. | |||||||
SECTION 19. Section 391.0661, Transportation Code, is | |||||||
amended to read as follows: | |||||||
Sec. 391.0661. APPLICABILITY OF LICENSE. In addition to | |||||||
authorizing a person to erect or maintain a commercial sign under | |||||||
this chapter [ |
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chapter authorizes a person to erect or maintain an off-premise | |||||||
sign under Chapter 394. | |||||||
SECTION 20. The heading to Section 391.067, Transportation | |||||||
Code, is amended to read as follows: | |||||||
Sec. 391.067. [ |
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COMMERCIAL SIGNS; OFFENSE. | |||||||
SECTION 21. Section 391.067(a), Transportation Code, is | |||||||
amended to read as follows: | |||||||
(a) A person who has a license issued under this subchapter | |||||||
commits an offense if the person wilfully erects or maintains a | |||||||
commercial sign [ |
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required under Section 391.061 unless that person also has a permit | |||||||
for the sign [ |
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SECTION 22. Sections 391.068(a), (c), (d), and (e), | |||||||
Transportation Code, are amended to read as follows: | |||||||
(a) Except as provided by Subsection (d), the commission | |||||||
shall issue a permit to a person with a license issued under this | |||||||
subchapter: | |||||||
(1) whose license application complies with rules | |||||||
adopted under Section 391.065; and | |||||||
(2) whose commercial sign [ |
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whether owned or leased, if erected would comply with this chapter | |||||||
and rules adopted under Section 391.032(a). | |||||||
(c) A permit issued to regulate the erection and maintenance | |||||||
of a commercial sign [ |
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subdivision of this state within that subdivision's jurisdiction | |||||||
shall be accepted in lieu of the permit required by this subchapter | |||||||
if the erection and maintenance of the sign [ |
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complies with this subchapter and rules adopted under Section | |||||||
391.032(a). | |||||||
(d) In addition to the requirements of Subsection (a), if | |||||||
the commercial sign [ |
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jurisdiction of a municipality with a population of more than 1.9 | |||||||
million that is exercising its authority to regulate commercial | |||||||
signs [ |
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under this section only if the municipality: | |||||||
(1) has not acted to prohibit new commercial signs | |||||||
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and | |||||||
(2) has issued a permit authorizing the commercial | |||||||
sign [ |
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(e) Subsection (d) does not apply to the relocation of a | |||||||
commercial sign [ |
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construction, reconstruction, or expansion of a highway requires | |||||||
the removal of the sign [ |
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SECTION 23. Section 391.070(a), Transportation Code, is | |||||||
amended to read as follows: | |||||||
(a) The combined license and permit fees under this | |||||||
subchapter may not exceed $10 for a commercial sign [ |
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a municipality or a municipality's extraterritorial jurisdiction | |||||||
if the sign [ |
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municipality or a political subdivision whose jurisdiction is | |||||||
wholly or partly concurrent with the municipality. | |||||||
SECTION 24. The heading to Subchapter H, Chapter 391, | |||||||
Transportation Code, is amended to read as follows: | |||||||
SUBCHAPTER H. REGULATION OF COMMERCIAL SIGNS [ |
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ON STATE HIGHWAY 288 | |||||||
SECTION 25. Section 391.211(a), Transportation Code, is | |||||||
amended to read as follows: | |||||||
(a) This subchapter applies only to a commercial sign | |||||||
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1993. | |||||||
SECTION 26. Section 391.212, Transportation Code, is | |||||||
amended to read as follows: | |||||||
Sec. 391.212. REGULATION OF CERTAIN COMMERCIAL SIGNS | |||||||
[ |
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regulate the erection of a commercial sign [ |
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that is located within 1,000 feet of the center line of that part of | |||||||
State Highway 288 in the unincorporated area of a county. | |||||||
SECTION 27. The heading to Section 391.252, Transportation | |||||||
Code, is amended to read as follows: | |||||||
Sec. 391.252. [ |
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SIGNS. | |||||||
SECTION 28. Sections 391.252(a) and (c), Transportation | |||||||
Code, are amended to read as follows: | |||||||
(a) A person may not erect a commercial [ |
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sign that is adjacent to and visible from: | |||||||
(1) U.S. Highway 290 between the western city limits | |||||||
of the city of Austin and the eastern city limits of the city of | |||||||
Fredericksburg; | |||||||
(2) State Highway 317 between the northern city limits | |||||||
of the city of Belton to the southern city limits of the city of | |||||||
Valley Mills; | |||||||
(3) State Highway 16 between the northern city limits | |||||||
of the city of Kerrville and Interstate Highway 20; | |||||||
(4) U.S. Highway 77 between State Highway 186 and | |||||||
State Highway 44; | |||||||
(5) U.S. Highway 281 between: | |||||||
(A) State Highway 186 and Interstate Highway 37, | |||||||
exclusive of the segment of U.S. Highway 281 located in the city | |||||||
limits of Three Rivers; and | |||||||
(B) the southern boundary line of Comal County | |||||||
and State Highway 306; | |||||||
(6) State Highway 17 between State Highway 118 and | |||||||
U.S. Highway 90; | |||||||
(7) State Highway 67 between U.S. Highway 90 and | |||||||
Farm-to-Market Road 170; | |||||||
(8) Farm-to-Market Road 170 between State Highway 67 | |||||||
and State Highway 118; | |||||||
(9) State Highway 118 between Farm-to-Market Road 170 | |||||||
and State Highway 17; | |||||||
(10) State Highway 105 between the western city limits | |||||||
of the city of Sour Lake to the eastern city limits of the city of | |||||||
Cleveland; | |||||||
(11) State Highway 73 between the eastern city limits | |||||||
of the city of Winnie to the western city limits of the city of Port | |||||||
Arthur; | |||||||
(12) State Highway 21 between the southern city limits | |||||||
of the city of College Station and U.S. Highway 290; | |||||||
(13) a highway located in: | |||||||
(A) the Sabine National Forest; | |||||||
(B) the Davy Crockett National Forest; or | |||||||
(C) the Sam Houston National Forest; | |||||||
(14) Segments 1 through 4 of State Highway 130; | |||||||
(15) a highway in Bandera County that is part of the | |||||||
state highway system; | |||||||
(16) Farm-to-Market Road 3238 beginning at State | |||||||
Highway 71 and any extension of that road through Hays and Blanco | |||||||
Counties; | |||||||
(17) Farm-to-Market Road 2978 between Farm-to-Market | |||||||
Road 1488 and the boundary line between Harris and Montgomery | |||||||
Counties; | |||||||
(18) U.S. Highway 90 between the western city limits | |||||||
of the city of San Antonio and the eastern city limits of the city of | |||||||
Hondo; or | |||||||
(19) the following highways in Austin County: | |||||||
(A) State Highway 159; | |||||||
(B) Farm-to-Market Road 331; | |||||||
(C) Farm-to-Market Road 529; | |||||||
(D) Farm-to-Market Road 1094; and | |||||||
(E) Farm-to-Market Road 2502. | |||||||
(c) This section does not prohibit a person from erecting a | |||||||
commercial [ |
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regulation that is adjacent to and visible from a roadway not listed | |||||||
in this section and is visible from a roadway listed under this | |||||||
section if the intended purpose of the sign is to be visible only | |||||||
from the roadway not listed under this section. | |||||||
SECTION 29. Section 391.253, Transportation Code, is | |||||||
amended to read as follows: | |||||||
Sec. 391.253. REERECTION, RECONSTRUCTION, REPAIR, OR | |||||||
REBUILDING OF COMMERCIAL [ |
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[ |
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listed in Section 391.252 that is blown down, destroyed, taken | |||||||
down, or removed for a purpose other than maintenance or to change a | |||||||
letter, symbol, or other matter on the sign may be reerected, | |||||||
reconstructed, repaired, or rebuilt only if the cost of reerecting, | |||||||
reconstructing, repairing, or rebuilding the sign is not more than | |||||||
60 percent of the cost of erecting a new commercial [ |
|||||||
sign of the same size, type, and construction at the same location. | |||||||
(b) The department shall permit the relocation of a | |||||||
commercial [ |
|||||||
highway listed in Section 391.252 to another location that is | |||||||
adjacent to and visible from the same highway if: | |||||||
(1) the construction, reconstruction, or expansion of | |||||||
a highway requires the removal of the sign; | |||||||
(2) the sign is not modified to increase the | |||||||
above-grade height, the area of each sign face, the dimensions of | |||||||
the sign face, the number of sign faces, or the illumination of the | |||||||
sign; and | |||||||
(3) the department identifies an alternate site for | |||||||
the relocation of the sign adjacent to and visible from the highway | |||||||
listed in Section 391.252. | |||||||
(c) For purposes of this section, the department shall | |||||||
specify, within 30 days of receipt of a request for a relocation | |||||||
site, a minimum of three alternate sites that meet permitting | |||||||
requirements for a commercial [ |
|||||||
reerected, reconstructed, repaired, or rebuilt adjacent to and | |||||||
visible from a highway listed in Section 391.252. | |||||||
(d) The owner of a commercial [ |
|||||||
reerected, reconstructed, repaired, or rebuilt according to | |||||||
Subsection (a) or relocated according to Subsection (b) may alter | |||||||
the materials and design of the sign to reduce the number of upright | |||||||
supports, subject to other restrictions in this section, in a | |||||||
manner that meets or exceeds the pre-existing structural | |||||||
specifications of the sign. | |||||||
SECTION 30. Section 391.254(d), Transportation Code, is | |||||||
amended to read as follows: | |||||||
(d) Before a suit may be brought for a violation of Section | |||||||
391.252, the attorney general, the district or county attorney for | |||||||
the county, or the municipal attorney of the municipality in which | |||||||
the violation is alleged to have occurred shall give the owner of | |||||||
the commercial [ |
|||||||
(1) describes the violation and specific location of | |||||||
the sign found to be in violation; | |||||||
(2) states the amount of the proposed penalty for the | |||||||
violation; and | |||||||
(3) gives the owner 30 days from receipt to remove the | |||||||
sign and cure the violation to avoid the penalty unless the sign | |||||||
owner was given notice and opportunity to cure a similar violation | |||||||
within the preceding 12 months. | |||||||
SECTION 31. Section 394.0203, Transportation Code, is | |||||||
amended to read as follows: | |||||||
Sec. 394.0203. LICENSE FEE. The commission may set the | |||||||
amount of a license fee according to a scale graduated by the number | |||||||
of off-premise signs owned by the license applicant regulated under | |||||||
this chapter and commercial signs owned by the applicant regulated | |||||||
[ |
|||||||
|
|||||||
SECTION 32. Section 394.0205(b), Transportation Code, is | |||||||
amended to read as follows: | |||||||
(b) For the efficient management and administration of this | |||||||
chapter and to reduce the number of employees required to enforce | |||||||
this chapter, the commission shall adopt rules for issuing | |||||||
standardized forms that are for submission by license holders and | |||||||
applicants and that provide for an accurate showing of the number, | |||||||
location, or other information required by the commission for each | |||||||
license holder's or applicant's off-premise signs under this | |||||||
chapter or commercial signs [ |
|||||||
391. | |||||||
SECTION 33. Section 394.0207, Transportation Code, is | |||||||
amended to read as follows: | |||||||
Sec. 394.0207. APPLICABILITY OF LICENSE. In addition to | |||||||
authorizing a person to erect or maintain an off-premise sign, a | |||||||
license issued under this chapter authorizes a person to erect or | |||||||
maintain a commercial sign [ |
|||||||
SECTION 34. The following provisions of the Transportation | |||||||
Code are repealed: | |||||||
(1) Section 391.001(10); | |||||||
(2) Section 391.005; | |||||||
(3) Section 391.031(b); | |||||||
(4) Section 391.037; | |||||||
(5) Section 391.061(c); and | |||||||
(6) Section 391.251. | |||||||
SECTION 35. This Act takes effect immediately if it | |||||||
receives a vote of two-thirds of all the members elected to each | |||||||
house, as provided by Section 39, Article III, Texas Constitution. | |||||||
If this Act does not receive the vote necessary for immediate | |||||||
effect, this Act takes effect September 1, 2017. |