SRC-TNM S.B. 446 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 446
By: Haywood
State Affairs
2-18-97
As Filed


DIGEST 

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 (NHS).  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 a property owner to place a campaign sign on his own property
if the owner resides on one of these federally assisted highways. Texas
may be subject to sanctions for significant monetary amounts if it does
not control signs visible from federal-aid primary highways.  S.B. 446
outlines provisions regarding the posting of political signs on private
property along certain highways. 

PURPOSE

As proposed, S.B. 446 outlines  provisions regarding the posting of
political signs on private property along certain highways. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 391A, Transportation Code, by adding Section
391.005, as follows: 

Sec. 391.005. EXEMPTION.  Sets forth instances in which this chapter does
not apply to a sign erected solely for and relating to a public election. 

SECTION 2. (a) Provides that this Act takes effect on the first day of the
calendar month following the date the executive director of the Texas
Department of Transportation determines that the implementation of Section
391.005, Transportation Code, as added by this Act, will not result in the
loss of highway-related funds from the federal government.  Requires the
executive director to endeavor to make a determination under this
subsection as soon as practical after this Act becomes law.  Authorizes
the executive director 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 section.   

(b) Requires the executive director 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. 

SECTION 3. Emergency clause.