TWT S.B. 446 75(R)BILL ANALYSIS TRANSPORTATION S.B. 446 By: Haywood, Nelson (Siebert) 4-16-97 Committee Report (Unamended) BACKGROUND Currently, Texas is subject to the Federal Highway Beautification Act of 1965. The Federal Highway Beautification Act requires the state to control outdoor advertising along any highway on the National Highway System. In 1972, Texas adopted the Texas Highway Beautification Act in response to the federal law. The federal law and the state law allow specific exemptions for certain types of signs, such as official traffic signs, on-premise advertising or signs advertising property for sale of lease. There is no exemption for political signs that are placed on private property located on these federally assisted roads. It is against the law for property owners to place a campaign sign on their own property if the owner resides on one of these federally assisted highways. Texas may lose federal highway-related funds if it does not control signs visible from federal-aid primary highways. PURPOSE S.B. 446 outlines provisions regarding the posting of political signs on private property along certain highways. 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. However, in Section 2, Subsection (c), the transportation commission may delegate any of its responsibilities under this Act to the executive director of the Texas Department of Transportation (TXDOT). SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter A, Chapter 391, Transportation Code, by adding Sec. 391.005. Sec. 391.005. This chapter does not apply to a sign erected solely for and relating to a public election if the sign: (1) is on private property; (2) is erected no earlier than 90 days before the election and is removed no later than 10 days after the election; (3) is constructed of lightweight material; and (4) has a surface area no larger than 50 square feet. SECTION 2. (a) Provides that this Act takes effect on the first day of the calendar month following the date the commission determines that the implementation of Sec. 391.005, Transportation Code, will not result in the loss of highway-related funds from the federal government. Requires the commission to make a determination under this subsection as soon as practical after this Act becomes law. Authorizes the commission to seek the opinion of an officer or employee of the federal government, the attorney general of this state, or any other appropriate person in making a determination under this subsection. (b) Requires the commission to provide notice of the determination to the secretary of state for inclusion in the Texas Register if a determination is made under Subsection (a). Provides that if a determination is made under Subsection (a) of this section, this Act has no effect. (c) Authorizes the commission to delegate any of its responsibilities under this Act to the executive director of the TXDOT. SECTION 3. Emergency clause.