TWT H.B. 3219 75(R)BILL ANALYSIS TRANSPORTATION H.B. 3219 By: Jackson 5-1-97 Committee Report (Substituted) BACKGROUND Logo signing, which is also known as specific services signing, was created by the Federal Highway Administration to inform motorists of services that are not visible from the roadway. The Texas Legislature created the Texas Logo Sign Program in 1991. Logo sign eligibility had previously been tied to the boundaries of the 65 mph National Maximum Speed Limit. The NMSL was repealed by the National Highway System Designation Act of 1995 which became effective on December, 1995. Eligibility remained at those highways located outside an urbanized area with a population of 50,000 or more that qualified for a maximum speed limit of 65 miles per hour (mph) on the day before the effective date of the repeal. Legislation for major shopping area guide signing was originally passed during the 74th Regular Session of the Legislature as SB 882. This legislation set the required square footage of a retail center at 1,000,000 square feet to be able to qualify for major shopping area guide signing. There were a number of retail areas that narrowly missed meeting this criterion. PURPOSE To revise the existing boundaries of highways eligible for logo signs to an easily distinguishable geographic reference point. Currently, the boundaries are determined by whether or not a highway qualified as eligible for the 65 mph National Maximum Speed Limit (NMSL) which was repealed by the National Highway System Designation Act of 1995. This legislation would remove that language and set the boundaries as the city limits of a city with a population of 50,000 or more. The bill also allows the Texas Transportation Commission to promulgate rules setting out the minimum square footage required by a retail center to qualify for major shopping area guide signing. This legislation also provides for conforming language. RULEMAKING AUTHORITY It is the committee's opinion that this bill expressly grants additional rulemaking authority to the Texas Transportation Commission in Section 5 (Sect. 391.0935, Transportation Code). SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 391.001, Transportation Code as follows: (2) Define "eligible highway" as a controlled access highway constructed to interstate standards, and located outside of a city with a population of 50,000 or more as those limits existed on January 1, 1990. (3) Define "eligible urban highway" as a controlled access highway constructed to interstate standards, and located inside an urbanized area with a population of 200,000 or more. (4) Provide conforming language for the definition of "information logo sign". (8) Define "major shopping area" as a geographic area consisting of 30 acres or more of land and includes an enclosed retail shopping mall. (9) Provide conforming language for the definition of "major shopping area guide sign". (12) Change reference on specific information on logo signs of "gas" to "fuel" and to provide increased participation of businesses offering compressed natural gas, propane, or other motor vehicle fuels. SECTION 2. Amends Section 391.091, Transportation Code, by deleting population requirements for an eligible highway. SECTION 3. Amends Section 391.092, Transportation Code, as follows: (a) Allows commission to regulate signs on eligible highway not just interstate highway. (b) Clarifies sign size and color. (c) Deletes spacing requirements on signs; Allows for six rather than four names on panels; deletes restrictions on number of services which can be placed on signs. SECTION 4. Amends Section 391.093,Transportation Code, by changing reference from "gas" to "fuel" and changing from "interstate" to "eligible" highway. Allows the commission, if no service within three miles of an interchange is willing to participate, to put logos of establishments farther than: (1) six miles from the interchange; (2) nine miles from the interchange if no establishment within six miles wants to participate; (3) 12 miles from the interchange if no establishment within nine miles wants to participate; or (4) 15 miles from the interchange if no establishment within 12 miles wants to participate. SECTION 5. Amends Subchapter D, Chapter 391, Transportation Code, by adding Section 391.0935. (a) Unless in conflict with federal law, the commission can create a major shopping area guide sign program along eligible urban highways. (b) Grants the commission rulemaking authority on sign content, composition, placement, erection and maintenance. Major shopping area can have its name on a sign if: (1) it contains a minimum square footage of gross building area as defined by commission rule; and (2) it is located not farther than three miles from an interchange on an eligible urban highway. (c) A major shopping area is required to reimburse the commission for composing, placing, erecting and maintaining the sign. (d) Such signs may be a part of exit direction signs, advance guide signs, and supplemental guide signs. (e) Exempts major shopping area signs from Sec. 391.093 (b) - (e), Transportation Code. SECTION 6. Amends Section 391.095, Transportation Code, as follows: (a) Deletes language requiring the contractor installing the sign to place it at least 800 feet from the previous interchange. Moves Subdivision (4) to Subsection (c). (b) Deletes requirement that duplicate logo signs omit service information. (c) Allows additional signs to be place along the ramp or ramp terminal if service facilities are not visible from an interchange ramp terminal. SECTION 7. (a) Provides that in addition to the substantive changes in law made by this Act, this Act amends Sections 391.001, 391.091, 391.092(a) and (c), 391.093(a), Subchapter D, Chapter 391, and Section 391.095, Transportation Code to conform to the changes in law made by Section 1, Chapter 284, Acts of the 74th Legislature, Regular Session, 1995. (b) Repeals Section 1, Chapter 284, Acts of the 74th Legislature, Regular Session. (c) Provides than to any extent of the conflict, this Act prevails over another Act of the 75th Legislature, Regular Session, 1997, relating to nonsubstantive additions to and corrections in enacted codes. SECTION 8. Effective Date -- September 1, 1997. SECTION 9. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1. In Sec. 391.001(2)(B), under definition of "eligible highway," the original had September 1, 1997, and the substitute has January 1, 1990. The date was changed so that participants who are currently eligible for the logo sign program will not become ineligible due to boundary changes that have occurred since 1991. In Subsection 8 of Sec. 391.001, the definition of "major shopping area" changed. The original included a minimum square footage of gross building area as defined by commission rule. That provision was moved in the substitute to Section 5, Sec. 391.0935 (b)(1). SECTION 5. Moves the minimum square footage of gross building area requirement from Section 1 of the original into Section 5, Sec. 391.0935(b)(1) of the substitute.