Amend CSSB 370, in Article 2 of the bill, by adding the
following section, appropriately numbered, and renumbering
subsequent sections accordingly:
      SECTION 2.__.  Subchapter B, Chapter 391, Transportation
Code, is amended by adding Section 391.0315 to read as follows:
      Sec. 391.0315.  REGULATION OF CERTAIN OUTDOOR ADVERTISING OF
SEXUALLY ORIENTED BUSINESSES.  (a)  In this section, "sexually
oriented business" has the meaning assigned by Section 243.002,
Local Government Code.
      (b)  This section applies only to outdoor advertising that is
located within five miles of the border between this state and
another state, is erected for the purpose of having its message
seen from the main-traveled way of a highway in the interstate
system, and is designed, intended, or used to advertise a sexually
oriented business, including outdoor advertising that is located on
the premises of a multitenant commercial center in which a person
is doing business and that displays the name or any portion of the
name of the business, a name under which the business was formerly
operated on those premises, or a name containing any reference to a
sexually oriented business or terminology generally related to the
sexually oriented business.
      (c)  To the extent of a conflict between this section and
another provision of this chapter, this section prevails.
      (d)  A person commits an offense if:
            (1)  the person knowingly erects or maintains within
660 feet of the nearest edge of a right-of-way of a highway in the
interstate system outdoor advertising designed, intended, or used
to advertise a sexually oriented business; and
            (2)  the outdoor advertising is not in compliance with
this section.
      (e)  A person may erect or maintain not more than two units
of outdoor advertising for a particular sexually oriented business.
The person who owns or operates the sexually oriented business
shall designate one unit as the primary unit of outdoor advertising
and one unit as the secondary unit of outdoor advertising.
      (f)  A primary unit of outdoor advertising:
            (1)  must be a square or rectangular flat plane;
            (2)  may:
                  (A)  have no more than two display surfaces; and
                  (B)  contain only the name of the sexually
oriented business; and
            (3)  may not:
                  (A)  contain any flashing lights, photographs,
silhouettes, drawings, or pictorial representations;
                  (B)  exceed four feet in height or eight feet in
width; or
                  (C)  exceed 32 square feet in area.
      (g)  A secondary unit of outdoor advertising:
            (1)  must be a square or rectangular flat plane;
            (2)  may:
                  (A)  have only one display surface; and
                  (B)  be affixed or attached only to the sexually
oriented business that is the subject of the advertising; and
            (3)  may not exceed:
                  (A)  four feet in height or five feet in width;
or
                  (B)  20 square feet in area.
      (h)  For a unit of outdoor advertising that is not in
compliance with this section and that was erected before September
1, 1997, the department may:
            (1)  permit the outdoor advertising to be maintained
where erected under an amortization plan covering the lesser of two
years or the useful life of the unit; or
            (2)  require the immediate removal of the outdoor
advertising.
      (i)  If the department requires the removal of off-premise
outdoor advertising, the compensable cost shall be computed in the
manner prescribed by Section 216.008, Local Government Code, except
that the base date is September 1, 1997.  If the department
requires the removal of on-premise outdoor advertising, the
compensable value of the outdoor advertising shall be computed in
the manner prescribed by Section 216.009, Local Government Code.
In this subsection, "off-premise outdoor advertising" and
"on-premise outdoor advertising" have the meanings assigned the
terms "off-premise sign" and "on-premise sign," respectively, by
Section 216.002, Local Government Code.
      (j)  An offense under this section is a misdemeanor
punishable by a fine of not less than $500 or more than $1,000.
Each day an offense continues is a separate offense.
      (k)  To the extent of a conflict between this section and a
municipal ordinance, the ordinance prevails.