By: Hochberg H.B. No. 1521
73R1194 MRB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prohibition of certain signs near state highways;
1-3 providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 116, Revised Statutes, is amended by adding
1-6 Article 6674v-8 to read as follows:
1-7 Art. 6674v-8. OFF-PREMISE SIGN PROHIBITED NEAR STATE HIGHWAY
1-8 Sec. 1. DEFINITIONS. In this article:
1-9 (1) "Off-premise sign" means an outdoor sign that
1-10 displays:
1-11 (A) an advertisement relating to a business,
1-12 person, organization, activity, event, place, service, or product
1-13 not principally located or primarily manufactured or sold on the
1-14 premises on which the sign is located; or
1-15 (B) information, other than an advertisement,
1-16 that the owner or lessee of the premises on which the sign is
1-17 located permits, for compensation, to be displayed.
1-18 (2) "Outdoor sign" means a sign, billboard, plaque,
1-19 poster, drawing, painting, light device, figure, message board, or
1-20 other structure that is located outdoors and is used to advertise
1-21 or inform.
1-22 Sec. 2. PROHIBITION. A person may not construct, install,
1-23 or place in any other manner an off-premise sign at a location if:
1-24 (1) the sign can be seen from vehicles using a road or
2-1 highway that is part of the state highway system; and
2-2 (2) a primary purpose of the sign is to advertise to
2-3 or inform the travellers on that road or highway.
2-4 Sec. 3. EXEMPTIONS. This article does not apply to an
2-5 off-premise sign that is:
2-6 (1) constructed, installed, or placed in any other
2-7 manner at its location before September 1, 1993;
2-8 (2) located within the limits of a home-rule
2-9 municipality that by ordinance allows the sign to be placed at the
2-10 location; or
2-11 (3) governed, as a specific information logo sign, by
2-12 Section 4.07, Chapter 741, Acts of the 67th Legislature, Regular
2-13 Session, 1981 (Article 4477-9a, Vernon's Texas Civil Statutes).
2-14 Sec. 4. INJUNCTION. The county or district attorney of the
2-15 county in which a violation of Section 2 occurs or is threatened or
2-16 the attorney general is entitled to appropriate injunctive relief
2-17 to prevent the violation from continuing or occurring.
2-18 Sec. 5. CRIMINAL PENALTY. A person commits an offense if
2-19 the person violates Section 2 of this article. An offense under
2-20 this section is a Class C misdemeanor.
2-21 Sec. 6. CONFLICT WITH OTHER LAW. The following laws do not
2-22 affect the prohibition established by this article, and to the
2-23 extent of a conflict between this article and any of the following
2-24 laws this article prevails:
2-25 (1) Chapter 216, Local Government Code;
2-26 (2) Article IV, Chapter 741, Acts of the 67th
2-27 Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
3-1 Civil Statutes), except Section 4.07 of that law;
3-2 (3) Article 2, Chapter 221, Acts of the 69th
3-3 Legislature, Regular Session, 1985 (Article 6674v-3, Vernon's Texas
3-4 Civil Statutes); and
3-5 (4) Article 6674v-7, Revised Statutes.
3-6 SECTION 2. This Act takes effect September 1, 1993.
3-7 SECTION 3. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.