1-1  By:  Sims, Ratliff                                     S.B. No. 882
    1-2        (In the Senate - Filed March 2, 1995; March 6, 1995, read
    1-3  first time and referred to Committee on State Affairs;
    1-4  April 11, 1995, reported favorably, as amended, by the following
    1-5  vote:  Yeas 9, Nays 4; April 11, 1995, sent to printer.)
    1-6  COMMITTEE AMENDMENT NO. 1                           By:  Armbrister
    1-7  Amend S.B. No. 882 as follows:
    1-8        (1)  Add the following new Subdivisions (2), (3), (5), and
    1-9  (6) to Subsection (a) of SECTION 1 and renumber existing
   1-10  Subdivision (2) on lines 18-22, page 1 (committee printing page 2,
   1-11  lines 2-6), as Subdivision (4):
   1-12              (2)  "Eligible urban highway" means an interstate
   1-13  highway that is located inside an urbanized area with a population
   1-14  of 200,000 or more.
   1-15              (3)  "Information logo sign" means a specific
   1-16  information logo sign or a major shopping area guide sign.
   1-17              (5)  "Major shopping area guide sign" means a
   1-18  rectangular guide sign panel imprinted with the name of a major
   1-19  shopping area, as it is commonly known to the public, and
   1-20  containing directional information to such major shopping area.
   1-21              (6)  "Major shopping area" means a geographic area
   1-22  that:
   1-23                    (A)  consists of 30 acres or more of land; and
   1-24                    (B)  includes an enclosed retail shopping mall
   1-25  that contains 1,000,000 square feet or more of gross building area.
   1-26        (2)  Insert the following as Subsections (n) and (o),
   1-27  renumber Subsection (n) on lines 8-12, page 4 (committee printing
   1-28  page 2, line 70 through page 3, line 4), as Subsection (p) and
   1-29  renumber Subsection (o) on lines 13-15, page 4 (committee printing
   1-30  page 3, lines 5-7), as Subsection (q):
   1-31        (n)  Unless the commission determines there is a conflict
   1-32  with federal law, the commission shall establish a program that
   1-33  allows the erection and maintenance of major shopping area guide
   1-34  signs at appropriate locations along eligible urban highways.  The
   1-35  commission shall adopt rules regulating the content, composition,
   1-36  placement, erection, and maintenance of major shopping area guide
   1-37  signs and supports within eligible urban highway rights-of-way;
   1-38  however, a major shopping area shall be entitled to have its name
   1-39  displayed on major shopping area guide signs if it is located not
   1-40  farther than three miles from an interchange on an eligible urban
   1-41  highway.  A major shopping area that has its name displayed on a
   1-42  major shopping area guide sign shall reimburse the commission for
   1-43  all costs associated with the composition, placement, erection, and
   1-44  maintenance of the sign.
   1-45        (o)  Major shopping area guide signs may be included as part
   1-46  of exit direction signs, advance guide signs, and supplemental
   1-47  guide signs and shall include guide signs for both directions of
   1-48  traffic on an eligible urban highway.  Subsections (f), (g), (h),
   1-49  and (i) of this section do not apply to major shopping area guide
   1-50  signs.
   1-51                         A BILL TO BE ENTITLED
   1-52                                AN ACT
   1-53  relating to the placement of specific information logo signs on
   1-54  certain public highways.
   1-55        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-56        SECTION 1.  Section 4.07, Chapter 741, Acts of the 67th
   1-57  Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
   1-58  Civil Statutes), is amended by amending Subsections (a), (b), (c),
   1-59  (e), (k), (l), (m), and (n) and by adding Subsection (o) to read as
   1-60  follows:
   1-61        (a)  In this section:<,>
   1-62              (1)  "Eligible highway" means a highway that:
   1-63                    (A)  is located outside an urbanized area with a
   1-64  population of 50,000 or more; and
   1-65                    (B)  qualifies for a maximum speed limit of 65
   1-66  miles per hour under 23 U.S.C. Section 154 or, if that law is
   1-67  repealed, qualified for a maximum speed limit of 65 miles per hour
   1-68  on the day before the effective date of the repeal.
    2-1              (2)  "Specific <"specific> information logo sign" means
    2-2  a rectangular sign panel imprinted with the words "GAS," "FOOD,"
    2-3  "LODGING," or "CAMPING," or with a combination of those words, and
    2-4  the specific brand names of commercial establishments offering
    2-5  those services.
    2-6        (b)  The commission shall contract with a person, firm,
    2-7  group, or association in the State of Texas to erect and maintain
    2-8  specific information logo signs <that give specific information of
    2-9  interest to the travelling public, including specific brand names,>
   2-10  at appropriate locations along an eligible highway <interstate
   2-11  highways in each county with a population less than 20,000>.
   2-12        (c)  The commission shall:
   2-13              (1)  regulate the content, composition, placement,
   2-14  erection, and maintenance of specific information logo signs and
   2-15  supports within eligible <interstate> highway rights-of-way; and
   2-16              (2)  adopt rules necessary to administer and enforce
   2-17  this section.
   2-18        (e)  To be eligible to have its name displayed on a specific
   2-19  information logo sign, a commercial establishment must provide gas,
   2-20  food, lodging, or camping and be located not farther than three
   2-21  miles from an interchange on an eligible <interstate> highway.  If
   2-22  no service participating or willing to participate in the specific
   2-23  information logo sign program is located within three miles of an
   2-24  interchange, the commission may grant permits for commercial
   2-25  establishments located not farther than:
   2-26              (1)  six miles from the interchange;
   2-27              (2)  nine miles from the interchange if no service
   2-28  participating or willing to participate in the program is located
   2-29  six miles from the interchange;
   2-30              (3)  12 miles from the interchange if no service
   2-31  participating or willing to participate in the program is located
   2-32  within nine miles of the interchange; or
   2-33              (4)  15 miles from the interchange if no service
   2-34  participating or willing to participate in the program is located
   2-35  within 12 miles of the interchange <not farther than 15 miles from
   2-36  the interchange>.
   2-37        (k)  A specific information logo sign may not:
   2-38              (1)  contain a message, symbol, or trademark that
   2-39  resembles an official traffic control device; or
   2-40              (2)  <have vertical spacing between establishment names
   2-41  that exceeds eight inches or horizontal spacing between
   2-42  establishment names that exceeds 12 inches;>
   2-43              <(3)>  contain more than six <four> establishment names
   2-44  for each <service on one> sign panel<; or>
   2-45              <(4)  contain logos for more than one service on a sign
   2-46  panel except in an area where not more than two qualified
   2-47  establishments are available for a service, in which event a sign
   2-48  panel may contain logos for two services>.
   2-49        (l)  The contractor shall place a specific information logo
   2-50  so that:
   2-51              (1)  the sign is at least 800 feet from the previous
   2-52  interchange and at least 800 feet from the exit direction sign at
   2-53  the interchange from which the services are available;
   2-54              (2)  there are at least 800 feet between two signs
   2-55  having the same legend, but the signs are not excessively spaced;
   2-56  and
   2-57              (3)  a motorist, after following the sign, can
   2-58  conveniently reenter the highway and continue in the original
   2-59  direction of travel<; and>
   2-60              <(4)  if the service facilities are not visible from a
   2-61  single-exit interchange ramp terminal, the signs are placed along
   2-62  the ramp or at the ramp terminal>.
   2-63        (m)  A specific information logo sign that is placed along a
   2-64  ramp or at a ramp terminal must be a duplicate of the corresponding
   2-65  establishment logo sign except that the ramp sign must be smaller
   2-66  <and omit the service information>.  A ramp sign shall include the
   2-67  distance to the commercial establishment and directional arrows
   2-68  instead of directions written in words.
   2-69        (n)  The commission shall remit money received under this
   2-70  section to the state treasurer for deposit into the state highway
    3-1  fund.  Sections 403.094(h) and 403.095, Government Code, do not
    3-2  apply to funds deposited into the state highway fund under this
    3-3  subsection.
    3-4        (o)  If the service facilities are not visible from an
    3-5  interchange ramp terminal, additional signs may be placed along the
    3-6  ramp or at the ramp terminal.
    3-7        SECTION 2.  The importance of this legislation and the
    3-8  crowded condition of the calendars in both houses create an
    3-9  emergency and an imperative public necessity that the
   3-10  constitutional rule requiring bills to be read on three several
   3-11  days in each house be suspended, and this rule is hereby suspended,
   3-12  and that this Act take effect and be in force from and after its
   3-13  passage, and it is so enacted.
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