By: Montford S.B. No. 1504
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the prohibition of certain signs along designated
1-2 scenic highways; providing a penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 116, Revised Statutes, is amended by adding
1-5 Article 6674v-8 to read as follows:
1-6 Article 6674v-8. OFF-PREMISE SIGNS PROHIBITED ALONG
1-7 DESIGNATED SCENIC HIGHWAYS.
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 (3) "Commission" means the Texas Transportation
1-23 Commission.
2-1 Sec. 2. DESIGNATION. The commission may designate as a
2-2 scenic highway any road or highway that is part of the federal
2-3 interstate system, the federal primary system, any other
2-4 federal-aid highway, or a part of the state highway system, which
2-5 the commission shall determine to have scenic, historic,
2-6 recreational, archeological, or cultural value. Such scenic
2-7 highways may be classified as parkways, greenways, trails, heritage
2-8 highways, drives, roads, byways, backways, or highways.
2-9 Sec. 3. PROHIBITION. A person may not construct, install,
2-10 or place in any other manner an off-premise sign at a location if:
2-11 (1) the sign can be seen from vehicles using a scenic
2-12 highway; and
2-13 (2) a primary purpose of the sign is to advertise to
2-14 or inform the travellers on that scenic highway.
2-15 Sec. 4. EXEMPTIONS. This article does not apply to an
2-16 off-premise sign that is:
2-17 (1) constructed, installed, or placed in any other manner at
2-18 its location on or before the date of designation as a scenic
2-19 highway occurring on or after September 1, 1993; or
2-20 (2) governed, as a specific information logo sign by Section
2-21 4.07, Chapter 741, Acts of the 67th Legislature, Regular Session,
2-22 1981 (Article 4497-9a, Vernon's Texas Civil Statutes).
2-23 Sec. 5. INJUNCTION. The attorney general, or the county or
2-24 district attorney of the county in which a violation of Section 3
2-25 of this article occurs or is threatened, is entitled to
3-1 appropriated injuctive relief to prevent a violation of Section 3
3-2 of this article from continuing or occurring.
3-3 Sec. 6. CRIMINAL PENALTY. A person commits an offense if
3-4 the person violates Section 3 of this article. An offense under
3-5 this section is a Class C misdemeanor.
3-6 Sec. 7. CONFLICT WITH OTHER LAW. The following laws do not
3-7 affect the prohibition established by this article, and to the
3-8 extent of a conflict between this article and any of the following
3-9 laws this article prevails:
3-10 (1) Chapter 216, Local Government Code;
3-11 (2) Article IV, Chapter 741, Acts of the 67th
3-12 Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
3-13 Civil Statutes), except Section 4.07 of that law;
3-14 (3) Article 2, Chapter 221, Acts of the 69th
3-15 Legislature, Regular Session, 1985 (Article 6674v-3, Vernon's Texas
3-16 Civil Statutes); and
3-17 (4) Article 6674v-7, Revised Statutes.
3-18 SECTION 2. This Act takes effect September 1, 1993.
3-19 SECTION 3. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended.