S.B. No. 882
AN ACT
1-1 relating to the placement of specific information logo signs and
1-2 major shopping area guide signs on certain public highways.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 4.07, Chapter 741, Acts of the 67th
1-5 Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
1-6 Civil Statutes), is amended by amending Subsections (a), (b), (c),
1-7 (e), (k), (l), (m), and (n) and by adding Subsections (o) and (q)
1-8 to read as follows:
1-9 (a) In this section:<,>
1-10 (1) "Eligible highway" means a highway that:
1-11 (A) is located outside an urbanized area with a
1-12 population of 50,000 or more; and
1-13 (B) qualifies for a maximum speed limit of 65
1-14 miles per hour under 23 U.S.C. Section 154 or, if that law is
1-15 repealed, qualified for a maximum speed limit of 65 miles per hour
1-16 on the day before the effective date of the repeal.
1-17 (2) "Eligible urban highway" means an interstate
1-18 highway that is located inside an urbanized area with a population
1-19 of 200,000 or more.
1-20 (3) "Information logo sign" means a specific
1-21 information logo sign or a major shopping area guide sign.
1-22 (4) "Specific <"specific> information logo sign" means
1-23 a rectangular sign panel imprinted with the words "GAS," "FOOD,"
1-24 "LODGING," or "CAMPING," or with a combination of those words, and
2-1 the specific brand names of commercial establishments offering
2-2 those services.
2-3 (5) "Major shopping area guide sign" means a
2-4 rectangular guide sign panel imprinted with the name of a major
2-5 shopping area, as it is commonly known to the public, and
2-6 containing directional information to such major shopping area.
2-7 (6) "Major shopping area" means a geographic area
2-8 that:
2-9 (A) consists of 30 acres or more of land; and
2-10 (B) includes an enclosed retail shopping mall
2-11 that contains 1,000,000 square feet or more of gross building area.
2-12 (b) The commission shall contract with a person, firm,
2-13 group, or association in the State of Texas to erect and maintain
2-14 specific information logo signs <that give specific information of
2-15 interest to the travelling public, including specific brand names,>
2-16 at appropriate locations along an eligible highway <interstate
2-17 highways in each county with a population less than 20,000>.
2-18 (c) The commission shall:
2-19 (1) regulate the content, composition, placement,
2-20 erection, and maintenance of specific information logo signs and
2-21 supports within eligible <interstate> highway rights-of-way; and
2-22 (2) adopt rules necessary to administer and enforce
2-23 this section.
2-24 (e) To be eligible to have its name displayed on a specific
2-25 information logo sign, a commercial establishment must provide gas,
2-26 food, lodging, or camping and be located not farther than three
2-27 miles from an interchange on an eligible <interstate> highway. If
3-1 no service participating or willing to participate in the specific
3-2 information logo sign program is located within three miles of an
3-3 interchange, the commission may grant permits for commercial
3-4 establishments located not farther than:
3-5 (1) six miles from the interchange;
3-6 (2) nine miles from the interchange if no service
3-7 participating or willing to participate in the program is located
3-8 six miles from the interchange;
3-9 (3) 12 miles from the interchange if no service
3-10 participating or willing to participate in the program is located
3-11 within nine miles of the interchange; or
3-12 (4) 15 miles from the interchange if no service
3-13 participating or willing to participate in the program is located
3-14 within 12 miles of the interchange <not farther than 15 miles from
3-15 the interchange>.
3-16 (k) A specific information logo sign may not:
3-17 (1) contain a message, symbol, or trademark that
3-18 resembles an official traffic control device; or
3-19 (2) <have vertical spacing between establishment names
3-20 that exceeds eight inches or horizontal spacing between
3-21 establishment names that exceeds 12 inches;>
3-22 <(3)> contain more than six <four> establishment names
3-23 for each <service on one> sign panel<; or>
3-24 <(4) contain logos for more than one service on a sign
3-25 panel except in an area where not more than two qualified
3-26 establishments are available for a service, in which event a sign
3-27 panel may contain logos for two services>.
4-1 (l) The contractor shall place a specific information logo
4-2 so that:
4-3 (1) the sign is at least 800 feet from the previous
4-4 interchange and at least 800 feet from the exit direction sign at
4-5 the interchange from which the services are available;
4-6 (2) there are at least 800 feet between two signs
4-7 having the same legend, but the signs are not excessively spaced;
4-8 and
4-9 (3) a motorist, after following the sign, can
4-10 conveniently reenter the highway and continue in the original
4-11 direction of travel<; and>
4-12 <(4) if the service facilities are not visible from a
4-13 single-exit interchange ramp terminal, the signs are placed along
4-14 the ramp or at the ramp terminal>.
4-15 (m) A specific information logo sign that is placed along a
4-16 ramp or at a ramp terminal must be a duplicate of the corresponding
4-17 establishment logo sign except that the ramp sign must be smaller
4-18 <and omit the service information>. A ramp sign shall include the
4-19 distance to the commercial establishment and directional arrows
4-20 instead of directions written in words.
4-21 (n) Unless the commission determines there is a conflict
4-22 with federal law, the commission shall establish a program that
4-23 allows the erection and maintenance of major shopping area guide
4-24 signs at appropriate locations along eligible urban highways. The
4-25 commission shall adopt rules regulating the content, composition,
4-26 placement, erection, and maintenance of major shopping area guide
4-27 signs and supports within eligible urban highway rights-of-way;
5-1 however, a major shopping area shall be entitled to have its name
5-2 displayed on major shopping area guide signs if it is located not
5-3 farther than three miles from an interchange on an eligible urban
5-4 highway. A major shopping area that has its name displayed on a
5-5 major shopping area guide sign shall reimburse the commission for
5-6 all costs associated with the composition, placement, erection, and
5-7 maintenance of the sign.
5-8 (o) Major shopping area guide signs may be included as part
5-9 of exit direction signs, advance guide signs, and supplemental
5-10 guide signs and shall include guide signs for both directions of
5-11 traffic on an eligible urban highway. Subsections (f), (g), (h),
5-12 and (i) of this section do not apply to major shopping area guide
5-13 signs.
5-14 (p) The commission shall remit money received under this
5-15 section to the state treasurer for deposit into the state highway
5-16 fund. Sections 403.094(h) and 403.095, Government Code, do not
5-17 apply to funds deposited into the state highway fund under this
5-18 subsection.
5-19 (q) If the service facilities are not visible from an
5-20 interchange ramp terminal, additional signs may be placed along the
5-21 ramp or at the ramp terminal.
5-22 SECTION 2. The importance of this legislation and the
5-23 crowded condition of the calendars in both houses create an
5-24 emergency and an imperative public necessity that the
5-25 constitutional rule requiring bills to be read on three several
5-26 days in each house be suspended, and this rule is hereby suspended,
5-27 and that this Act take effect and be in force from and after its
6-1 passage, and it is so enacted.