TWT H.B. 1908 75(R)BILL ANALYSIS TRANSPORTATION H.B. 1908 By: Siebert 3-23-97 Committee Report (Unamended) BACKGROUND In order to help potential home buyers locate a new subdivision, builders and developers often place "directional signs" in the right-of-way of a public road. Chapter 216, Texas Local Government Code, gives a municipality the authority to regulate the placement of these signs within its corporate limits or extraterritorial jurisdiction. Many municipalities across the state regulate the placement of directional signs through ordinances. San Antonio does not regulate signs because the city believes state law, particularly Sec. 393.002, Transportation Code, does not authorize cities to do so. This section states that: "A person may not place a sign on the right-of-way of a public road unless the placement is authorized by state law." The city claims that in order to pass an ordinance to regulate signs, state law must be changed to authorize municipal regulation. PURPOSE The purpose of this bill is to clarify that Section 393.002, Transportation Code, was intended to apply only to state public roads. If enacted, municipal regulation of signs would still be subject to the provisions of Chapter 216, Texas Local Government Code. 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 393.002, Transportation Code, to clarify that it only applies to signs placed on the right-of-way of a state public road. SECTION 2. Effective date -- September 1, 1997. SECTION 3. Emergency Clause.