H.B. No. 1803
1-1 AN ACT
1-2 relating to the regulation of outdoor signs in the extraterritorial
1-3 jurisdiction of municipalities in certain counties; providing a
1-4 penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 216.0035, Local Government Code, is
1-7 amended to read as follows:
1-8 Sec. 216.0035. REGULATORY AUTHORITY NOT APPLICABLE TO
1-9 ON-PREMISES SIGNS UNDER CERTAIN CIRCUMSTANCES. The authority
1-10 granted to a municipality by this subchapter to require the
1-11 relocation, reconstruction, or removal of signs does not apply to:
1-12 (1) on-premises signs in the extraterritorial
1-13 jurisdiction of municipalities in a county <counties> described by
1-14 Section 17, Article 2, Chapter 221, Acts of the 69th Legislature,
1-15 Regular Session, 1985 (Article 6674v-3, Vernon's Texas Civil
1-16 Statutes), if the circumstances described by that section occur;
1-17 and
1-18 (2) on-premises signs in a municipality's
1-19 extraterritorial jurisdiction in a county that borders a county
1-20 described by that law.
1-21 SECTION 2. Section 216.902(c), Local Government Code, is
1-22 amended to read as follows:
1-23 (c) The authority granted to a municipality by this section
1-24 to extend its outdoor sign ordinance does not apply to:
2-1 (1) on-premises signs in the extraterritorial
2-2 jurisdiction of municipalities in a county <counties> described by
2-3 Section 17, Article 2, Chapter 221, Acts of the 69th Legislature,
2-4 Regular Session, 1985 (Article 6674v-3, Vernon's Texas Civil
2-5 Statutes), if the circumstances described by that section occur;
2-6 (2) on-premises signs in a municipality's
2-7 extraterritorial jurisdiction in a county that borders a county
2-8 described by that law; and
2-9 (3) on-premises signs in the extraterritorial
2-10 jurisdiction of a municipality with a population of 1.5 million or
2-11 more that are located in a county that is adjacent to the county in
2-12 which the majority of the land of the municipality is located.
2-13 SECTION 3. Sections 17(a), (c), and (d), Article 2, Chapter
2-14 221, Acts of the 69th Legislature, Regular Session, 1985 (Article
2-15 6674v-3, Vernon's Texas Civil Statutes), are amended to read as
2-16 follows:
2-17 (a) The commissioners court of a county with a population of
2-18 more than 2.4 million, according to the most recent federal census,
2-19 or the commissioners court of a county that borders a county with
2-20 that population may regulate, in the unincorporated area of
2-21 <municipal extraterritorial jurisdiction in> the county, the
2-22 location, height, size, and anchoring of on-premise signs.
2-23 (c) If the county adopts under this section any regulation
2-24 of on-premise signs, the on-premise sign regulations imposed by
2-25 this article, adopted by the commission under this article, or
2-26 adopted by a municipality do not apply in the unincorporated area
2-27 of <municipal extraterritorial jurisdiction in> the county.
3-1 (d) In lieu of exercising any regulatory powers under this
3-2 section in the unincorporated area of <municipal extraterritorial
3-3 jurisdiction in> the county, the commissioners court of the county,
3-4 by order, may allow the Texas <State Highway and Public>
3-5 Transportation Commission to regulate on-premise signs in the
3-6 unincorporated area <extraterritorial jurisdiction> in accordance
3-7 with a <the> municipal or county regulation regarding on-premise
3-8 signage in the unincorporated area. On adoption of the order, any
3-9 <the> municipal authority to regulate on-premise signs in the
3-10 unincorporated area <extraterritorial jurisdiction> is withdrawn.
3-11 SECTION 4. Article 2, Chapter 221, Acts of the 69th
3-12 Legislature, Regular Session, 1985 (Article 6674v-3, Vernon's Texas
3-13 Civil Statutes), is amended by adding Section 18 to read as
3-14 follows:
3-15 Sec. 18. Administrative Penalty For Violation of On-Premise
3-16 Sign Regulation in Certain Counties. (a) The commissioners court
3-17 of a county with a population of more than 2.4 million, according
3-18 to the most recent federal census, or the commissioners court of a
3-19 county that borders a county with that population may authorize a
3-20 county employee to issue a civil citation to enforce a regulation
3-21 of the commissioners court adopted under Section 17 of this Act.
3-22 The commissioners court may designate the county employee as a
3-23 county inspector.
3-24 (b) If a citation is issued under this section, the
3-25 commissioners court may assess an administrative penalty against
3-26 the person cited as provided by this section.
3-27 (c) The commissioners court may assess the administrative
4-1 penalty in an amount not to exceed $100 for each day the violation
4-2 exists. In determining the amount of the penalty, the
4-3 commissioners court shall consider the seriousness of the
4-4 violation.
4-5 (d) If, after examination of a possible violation and the
4-6 facts relating to that possible violation, the commissioners court
4-7 determines that a violation has occurred, the commissioners court
4-8 shall issue a preliminary report that states the facts on which the
4-9 conclusion is based, the fact that an administrative penalty is to
4-10 be imposed, and the amount to be assessed. Not later than the 10th
4-11 day after the date on which the commissioners court issues the
4-12 preliminary report, the commissioners court shall send a copy of
4-13 the report to the person charged with the violation, together with
4-14 a statement of the right of the person to a hearing relating to the
4-15 alleged violation and the amount of the penalty.
4-16 (e) Not later than the 20th day after the date on which the
4-17 report is sent, the person charged either may make a written
4-18 request to the county judge or the judge's representative for a
4-19 hearing or may remit the amount of the administrative penalty to
4-20 the commissioners court. Failure either to request a hearing or to
4-21 remit the amount of the administrative penalty within the time
4-22 provided by this subsection results in a waiver of a right to a
4-23 hearing under this article. If the person charged requests a
4-24 hearing, the county judge or the judge's representative shall
4-25 conduct the hearing in the manner provided for a contested case
4-26 hearing under the Administrative Procedure and Texas Register Act
4-27 (Article 6252-13a, Vernon's Texas Civil Statutes) and its
5-1 subsequent amendments as if the commissioners court were a state
5-2 agency under that Act. If it is determined after hearing that the
5-3 person has committed the alleged violation, the county judge or the
5-4 judge's representative shall give written notice to the person of
5-5 the findings established by the hearing and the amount of the
5-6 penalty, and the commissioners court shall enter an order requiring
5-7 the person to pay the penalty.
5-8 (f) Not later than the 30th day after the date on which the
5-9 notice is received, the person charged shall pay the administrative
5-10 penalty in full, or, if the person wishes to contest either the
5-11 amount of the penalty or the fact of the violation, forward the
5-12 assessed amount to the commissioners court for deposit in an escrow
5-13 account. The person charged is entitled to an appeal by trial de
5-14 novo in district court on the issue of the amount of the penalty or
5-15 the fact of the violation. If, after judicial review, it is
5-16 determined that no violation occurred or that the amount of the
5-17 penalty should be reduced, the commissioners court shall remit the
5-18 appropriate amount to the person charged with the violation not
5-19 later than the 30th day after the date on which the judicial
5-20 determination becomes final.
5-21 (g) Failure to remit the amount of the administrative
5-22 penalty to the commissioners court within the time provided by
5-23 Subsection (e) of this section results in a waiver of all legal
5-24 rights to contest the violation or the amount of the penalty.
5-25 (h) An administrative penalty recovered under this section
5-26 shall be deposited in the county treasury to the credit of the
5-27 general fund.
6-1 SECTION 5. Section 17(g), Article 2, Chapter 221, Acts of
6-2 the 69th Legislature, Regular Session, 1985 (Article 6674v-3,
6-3 Vernon's Texas Civil Statutes), is repealed.
6-4 SECTION 6. The importance of this legislation and the
6-5 crowded condition of the calendars in both houses create an
6-6 emergency and an imperative public necessity that the
6-7 constitutional rule requiring bills to be read on three several
6-8 days in each house be suspended, and this rule is hereby suspended.