1-1 By: Brady (Senate Sponsor - Brown) H.B. No. 1803
1-2 (In the Senate - Received from the House May 12, 1993;
1-3 May 13, 1993, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 25, 1993, reported favorably by
1-5 the following vote: Yeas 8, Nays 0; May 25, 1993, sent to
1-6 printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to the regulation of outdoor signs in the extraterritorial
1-23 jurisdiction of municipalities in certain counties; providing a
1-24 penalty.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Section 216.0035, Local Government Code, is
1-27 amended to read as follows:
1-28 Sec. 216.0035. REGULATORY AUTHORITY NOT APPLICABLE TO
1-29 ON-PREMISES SIGNS UNDER CERTAIN CIRCUMSTANCES. The authority
1-30 granted to a municipality by this subchapter to require the
1-31 relocation, reconstruction, or removal of signs does not apply to:
1-32 (1) on-premises signs in the extraterritorial
1-33 jurisdiction of municipalities in a county <counties> described by
1-34 Section 17, Article 2, Chapter 221, Acts of the 69th Legislature,
1-35 Regular Session, 1985 (Article 6674v-3, Vernon's Texas Civil
1-36 Statutes), if the circumstances described by that section occur;
1-37 and
1-38 (2) on-premises signs in a municipality's
1-39 extraterritorial jurisdiction in a county that borders a county
1-40 described by that law.
1-41 SECTION 2. Section 216.902(c), Local Government Code, is
1-42 amended to read as follows:
1-43 (c) The authority granted to a municipality by this section
1-44 to extend its outdoor sign ordinance does not apply to:
1-45 (1) on-premises signs in the extraterritorial
1-46 jurisdiction of municipalities in a county <counties> described by
1-47 Section 17, Article 2, Chapter 221, Acts of the 69th Legislature,
1-48 Regular Session, 1985 (Article 6674v-3, Vernon's Texas Civil
1-49 Statutes), if the circumstances described by that section occur;
1-50 (2) on-premises signs in a municipality's
1-51 extraterritorial jurisdiction in a county that borders a county
1-52 described by that law; and
1-53 (3) on-premises signs in the extraterritorial
1-54 jurisdiction of a municipality with a population of 1.5 million or
1-55 more that are located in a county that is adjacent to the county in
1-56 which the majority of the land of the municipality is located.
1-57 SECTION 3. Sections 17(a), (c), and (d), Article 2, Chapter
1-58 221, Acts of the 69th Legislature, Regular Session, 1985 (Article
1-59 6674v-3, Vernon's Texas Civil Statutes), are amended to read as
1-60 follows:
1-61 (a) The commissioners court of a county with a population of
1-62 more than 2.4 million, according to the most recent federal census,
1-63 or the commissioners court of a county that borders a county with
1-64 that population may regulate, in the unincorporated area of
1-65 <municipal extraterritorial jurisdiction in> the county, the
1-66 location, height, size, and anchoring of on-premise signs.
1-67 (c) If the county adopts under this section any regulation
1-68 of on-premise signs, the on-premise sign regulations imposed by
2-1 this article, adopted by the commission under this article, or
2-2 adopted by a municipality do not apply in the unincorporated area
2-3 of <municipal extraterritorial jurisdiction in> the county.
2-4 (d) In lieu of exercising any regulatory powers under this
2-5 section in the unincorporated area of <municipal extraterritorial
2-6 jurisdiction in> the county, the commissioners court of the county,
2-7 by order, may allow the Texas <State Highway and Public>
2-8 Transportation Commission to regulate on-premise signs in the
2-9 unincorporated area <extraterritorial jurisdiction> in accordance
2-10 with a <the> municipal or county regulation regarding on-premise
2-11 signage in the unincorporated area. On adoption of the order, any
2-12 <the> municipal authority to regulate on-premise signs in the
2-13 unincorporated area <extraterritorial jurisdiction> is withdrawn.
2-14 SECTION 4. Article 2, Chapter 221, Acts of the 69th
2-15 Legislature, Regular Session, 1985 (Article 6674v-3, Vernon's Texas
2-16 Civil Statutes), is amended by adding Section 18 to read as
2-17 follows:
2-18 Sec. 18. Administrative Penalty For Violation of On-Premise
2-19 Sign Regulation in Certain Counties. (a) The commissioners court
2-20 of a county with a population of more than 2.4 million, according
2-21 to the most recent federal census, or the commissioners court of a
2-22 county that borders a county with that population may authorize a
2-23 county employee to issue a civil citation to enforce a regulation
2-24 of the commissioners court adopted under Section 17 of this Act.
2-25 The commissioners court may designate the county employee as a
2-26 county inspector.
2-27 (b) If a citation is issued under this section, the
2-28 commissioners court may assess an administrative penalty against
2-29 the person cited as provided by this section.
2-30 (c) The commissioners court may assess the administrative
2-31 penalty in an amount not to exceed $100 for each day the violation
2-32 exists. In determining the amount of the penalty, the
2-33 commissioners court shall consider the seriousness of the
2-34 violation.
2-35 (d) If, after examination of a possible violation and the
2-36 facts relating to that possible violation, the commissioners court
2-37 determines that a violation has occurred, the commissioners court
2-38 shall issue a preliminary report that states the facts on which the
2-39 conclusion is based, the fact that an administrative penalty is to
2-40 be imposed, and the amount to be assessed. Not later than the 10th
2-41 day after the date on which the commissioners court issues the
2-42 preliminary report, the commissioners court shall send a copy of
2-43 the report to the person charged with the violation, together with
2-44 a statement of the right of the person to a hearing relating to the
2-45 alleged violation and the amount of the penalty.
2-46 (e) Not later than the 20th day after the date on which the
2-47 report is sent, the person charged either may make a written
2-48 request to the county judge or the judge's representative for a
2-49 hearing or may remit the amount of the administrative penalty to
2-50 the commissioners court. Failure either to request a hearing or to
2-51 remit the amount of the administrative penalty within the time
2-52 provided by this subsection results in a waiver of a right to a
2-53 hearing under this article. If the person charged requests a
2-54 hearing, the county judge or the judge's representative shall
2-55 conduct the hearing in the manner provided for a contested case
2-56 hearing under the Administrative Procedure and Texas Register Act
2-57 (Article 6252-13a, Vernon's Texas Civil Statutes) and its
2-58 subsequent amendments as if the commissioners court were a state
2-59 agency under that Act. If it is determined after hearing that the
2-60 person has committed the alleged violation, the county judge or the
2-61 judge's representative shall give written notice to the person of
2-62 the findings established by the hearing and the amount of the
2-63 penalty, and the commissioners court shall enter an order requiring
2-64 the person to pay the penalty.
2-65 (f) Not later than the 30th day after the date on which the
2-66 notice is received, the person charged shall pay the administrative
2-67 penalty in full, or, if the person wishes to contest either the
2-68 amount of the penalty or the fact of the violation, forward the
2-69 assessed amount to the commissioners court for deposit in an escrow
2-70 account. The person charged is entitled to an appeal by trial de
3-1 novo in district court on the issue of the amount of the penalty or
3-2 the fact of the violation. If, after judicial review, it is
3-3 determined that no violation occurred or that the amount of the
3-4 penalty should be reduced, the commissioners court shall remit the
3-5 appropriate amount to the person charged with the violation not
3-6 later than the 30th day after the date on which the judicial
3-7 determination becomes final.
3-8 (g) Failure to remit the amount of the administrative
3-9 penalty to the commissioners court within the time provided by
3-10 Subsection (e) of this section results in a waiver of all legal
3-11 rights to contest the violation or the amount of the penalty.
3-12 (h) An administrative penalty recovered under this section
3-13 shall be deposited in the county treasury to the credit of the
3-14 general fund.
3-15 SECTION 5. Section 17(g), Article 2, Chapter 221, Acts of
3-16 the 69th Legislature, Regular Session, 1985 (Article 6674v-3,
3-17 Vernon's Texas Civil Statutes), is repealed.
3-18 SECTION 6. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended.
3-23 * * * * *
3-24 Austin,
3-25 Texas
3-26 May 25, 1993
3-27 Hon. Bob Bullock
3-28 President of the Senate
3-29 Sir:
3-30 We, your Committee on Intergovernmental Relations to which was
3-31 referred H.B. No. 1803, have had the same under consideration, and
3-32 I am instructed to report it back to the Senate with the
3-33 recommendation that it do pass and be printed.
3-34 Armbrister,
3-35 Chairman
3-36 * * * * *
3-37 WITNESSES
3-38 FOR AGAINST ON
3-39 ___________________________________________________________________
3-40 Name: Sabrina Foster x
3-41 Representing: Mayor Bob Lanier
3-42 City: Houston
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