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.