TWT H.B. 254 75(R)BILL ANALYSIS


TRANSPORTATION
H.B. 254
By: Denny
4-9-97
Committee Report (Unamended)



BACKGROUND 

Congress passed the Highway Beautification Act in 1965.  Among its many
provisions, the act is intended to regulate the erection and maintenance
of outdoor advertising.  The Texas Department of Transportation (TXDOT) is
the agency responsible for regulating and controlling outdoor advertising
in Texas.  The effect of the law is that many small businesses along state
highways are being forced to take down directional signs to their
establishments. Many businesses depend on directional signs to bring in
customers or clients and are hurt when these signs are removed. 

PURPOSE

The purpose of H.B. 254 is to allow small businesses to have directional
signs to the business if the sign is on private property and is not larger
than 50 square feet. Small business is defined by Sec. 2006.011,
Government Code, as a legal entity, including a corporation, partnership,
or sole proprietorship that: (A) is formed for the purpose of making a
profit; (B) is independently owned and operated; (C) is not a publicly
held corporation; and (D) has fewer than 100 employees or less than $1
million in annual gross receipts at the end of the fiscal year of the
filing of an administrative adjudicatory proceeding or civil action in
which the entity is seeking recovery. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 394.003, Transportation Code, by adding
Subsection (c) which expands the exemption from regulation of outdoor
signs on rural roads to signs for small businesses as defined in Sec.
2006.011, Government Code, if the sign: 

(1) is on private property; and
 (2) has a surface area not larger than 50 square feet.


SECTION 2. Emergency Clause.