By Hirschi H.B. No. 2547
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prohibition of certain signs along designated
1-3 scenic highways; 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 Article 6674v-8, OFF-PREMISE SIGNS PROHIBITED ALONG
1-8 DESIGNATED SCENIC HIGHWAYS.
1-9 Sec. 1. DEFINITIONS. In this article:
1-10 (1) "off-premise sign means an outdoor sign that
1-11 displays:
1-12 (A) An advertisement relating to a business,
1-13 person, organization, activity, event, place, service, or product
1-14 not principally located or primarily manufactured or sold on the
1-15 premises on which the sign is located; or
1-16 (B) information, other than an advertisement,
1-17 that the owner or lessee of the premises on which the sign is
1-18 located permits, for compensation, to be displayed.
1-19 (2) "Outdoor sign" means a sign, billboard, plaque,
1-20 poster, drawing, painting, light device, figure, message board, or
1-21 other structure that is located outdoors and is used to advertise
1-22 or inform.
1-23 (3) "Commission" means the Texas Transportation
2-1 Commission.
2-2 Sec. 2. DESIGNATION. The commission may designate as a
2-3 scenic highway any road or highway that is part of the federal
2-4 interstate system, the federal primary system, any other
2-5 federal-aid highway, or a part of the state highway system, which
2-6 the commission shall determine to have scenic, historic,
2-7 recreational, archeological, or cultural value. Such scenic
2-8 highways may be classified as parkways, greenways, trails, heritage
2-9 highways, drives, roads, byways, backways, or highways.
2-10 Sec. 3 PROHIBITION. A person may not construct, install, or
2-11 place in any other manner an off-premise sign at a location if:
2-12 (1) the sign can be seen from vehicles using a scenic
2-13 highway; and
2-14 (2) a primary purpose of the sign is to advertise to
2-15 or inform the travellers on that scenic highway.
2-16 Sec. 4 EXEMPTIONS. This article does not apply to an
2-17 off-premise sign that is:
2-18 (1) Constructed, installed, or placed in any other
2-19 manner at its location on or before the date of designation as a
2-20 scenic highway occurring on or after September 1, 1993
2-21 (2) governed as a specific information logo sign by
2-22 Section 4.07, chapter 741, Acts of the 67th Legislature, Regular
2-23 Session, 1981 (Article 4497-9a. Vernon's Texas Civil Statutes).
2-24 Sec. 5 INJUNCTION. The county or district attorney of
2-25 the county in which a violation of Section 3 occurs or is
3-1 threatened or the attorney general is entitled to appropriate
3-2 injunctive relief to prevent the violation from continuing or
3-3 occurring.
3-4 Sec. 6 CRIMINAL PENALTY. A person commits an offense
3-5 if the person violates Section 3 of this article. An offense under
3-6 this section is a Class C misdemeanor.
3-7 Sec. 7 CONFLICT WITH OTHER LAW. The following laws do
3-8 not affect the prohibition established by this article, and to the
3-9 extent of a conflict between this article and any of the following
3-10 laws this article prevails:
3-11 (1) Chapter 216, Local Government Code;
3-12 (2) Article IV, Chapter 741, Acts of the 67th
3-13 Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
3-14 Civil Statutes), except Section 4.07 of that law;
3-15 (3) Article 2, Chapter 221, Acts of the 69th
3-16 Legislature, Regular Session, 1985 (Article 6674 v-3, Vernon's
3-17 Texas Civil Statutes) and
3-18 (4) Article 6674v-7 Revised statutes.
3-19 SECTION 2. This Act takes effect September 1, 1993.
3-20 SECTION 3. The importance of this legislation and the
3-21 crowded condition of the calendars in both houses create an
3-22 emergency and an imperative public necessity that the
3-23 constitutional rule requiring bills to be read on three several
3-24 days in each house be suspended, and this rule is hereby suspended.