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.