75R9890 DRH-F
By Jackson, Denny H.B. No. 3219
Substitute the following for H.B. No. 3219:
By Alexander C.S.H.B. No. 3219
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the placement of informational signs along certain
1-3 public highways.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 391.001, Transportation Code, is amended
1-6 to read as follows:
1-7 Sec. 391.001. DEFINITIONS. In this chapter:
1-8 (1) "Automobile graveyard" means an establishment that
1-9 is maintained, used, or operated for storing, buying, or selling
1-10 wrecked, scrapped, ruined, or dismantled motor vehicles or motor
1-11 vehicle parts.
1-12 (2) "Eligible highway" means a highway that:
1-13 (A) is a controlled access highway constructed
1-14 to interstate standards; and
1-15 (B) is located outside the corporate limits of a
1-16 municipality with a population of 50,000 or more, as those limits
1-17 existed on January 1, 1990.
1-18 (3) "Eligible urban highway" means a highway that:
1-19 (A) is a controlled access highway constructed
1-20 to interstate standards; and
1-21 (B) is located inside an urbanized area with a
1-22 population of 200,000 or more.
1-23 (4) "Information logo sign" means a specific
1-24 information logo sign or a major shopping area guide sign.
2-1 (5) "Interstate system" means that portion of the
2-2 national system of interstate and defense highways that is located
2-3 in this state and is designated officially by the commission and
2-4 approved under Title 23, United States Code.
2-5 (6) [(3)] "Junk" means:
2-6 (A) old or scrap copper, brass, rope, rags,
2-7 batteries, paper, trash, rubber, debris, or waste;
2-8 (B) junked, dismantled, or wrecked automobiles
2-9 or automobile parts; or
2-10 (C) iron, steel, and other old or scrap ferrous
2-11 or nonferrous material.
2-12 (7) [(4)] "Junkyard" means:
2-13 (A) an automobile graveyard;
2-14 (B) an establishment maintained, used, or
2-15 operated for storing, buying, or selling junk or processing scrap
2-16 metal; or
2-17 (C) a garbage dump or sanitary fill.
2-18 (8) "Major shopping area" means a geographic area
2-19 that:
2-20 (A) consists of 30 acres or more of land; and
2-21 (B) includes an enclosed retail shopping mall.
2-22 (9) "Major shopping area guide sign" means a
2-23 rectangular guide sign panel imprinted with the name of a major
2-24 shopping area, as it is commonly known to the public, and
2-25 containing directional information to the major shopping area.
2-26 (10) [(5)] "Outdoor advertising" means an outdoor
2-27 sign, display, light, device, figure, painting, drawing, message,
3-1 plaque, poster, billboard, or other thing designed, intended, or
3-2 used to advertise or inform if any part of the advertising or
3-3 information content is visible from the main-traveled way of the
3-4 interstate or primary system. The term does not include a sign or
3-5 marker giving information about the location of an underground
3-6 electric transmission line, telegraph or telephone property or
3-7 facility, pipeline, public sewer, or waterline.
3-8 (11) [(6)] "Primary system" means that portion of
3-9 connected main highways located in this state that is designated
3-10 officially by the commission and approved under Title 23, United
3-11 States Code.
3-12 (12) [(7)] "Specific information logo sign" means a
3-13 rectangular sign panel imprinted with the words "FUEL," ["GAS,"]
3-14 "FOOD," "LODGING," or "CAMPING," or with a combination of those
3-15 words, and the specific brand names of commercial establishments
3-16 offering those services[, including specific brand names, giving
3-17 specific information of interest to the traveling public].
3-18 (13) [(8)] "Urban area" means an area defined by the
3-19 commission in cooperation with local officials, subject to approval
3-20 by the secretary of the United States Department of Transportation,
3-21 that as a minimum includes an urban place as designated by the
3-22 United States Bureau of the Census having a population of 5,000 or
3-23 more and not located within an urbanized area.
3-24 (14) [(9)] "Urbanized area" means an area defined by
3-25 the commission in cooperation with local officials, subject to
3-26 approval by the secretary of the United States Department of
3-27 Transportation, that as a minimum includes an urbanized area as
4-1 defined by the United States Bureau of the Census or that part of a
4-2 multistate urbanized area located in this state.
4-3 SECTION 2. Section 391.091, Transportation Code, is amended
4-4 to read as follows:
4-5 Sec. 391.091. ERECTION AND MAINTENANCE OF SIGNS. The
4-6 commission shall contract with an individual, firm, group, or
4-7 association in this state to erect and maintain specific
4-8 information logo signs at appropriate locations along an eligible
4-9 highway [interstate highways in each county with a population of
4-10 less than 20,000].
4-11 SECTION 3. Section 391.092, Transportation Code, is amended
4-12 to read as follows:
4-13 Sec. 391.092. REGULATION OF SIGNS GENERALLY. (a) The
4-14 commission shall:
4-15 (1) regulate the content, composition, placement,
4-16 erection, and maintenance of specific information logo signs and
4-17 supports on an eligible [interstate] highway right-of-way; and
4-18 (2) adopt rules necessary to administer and enforce
4-19 this subchapter.
4-20 (b) A specific information logo sign must:
4-21 (1) have a blue background with a white reflective
4-22 border; and
4-23 (2) contain a principal legend and [equal in height to
4-24 the] directional legend.
4-25 (c) A specific information logo sign may not:
4-26 (1) contain a message, symbol, or trademark that
4-27 resembles an official traffic-control device; or
5-1 (2) [have vertical spacing between establishment names
5-2 that exceeds eight inches or horizontal spacing between
5-3 establishment names that exceeds 12 inches;]
5-4 [(3)] contain more than six [four] establishment names
5-5 for each [service on one] sign panel[; or]
5-6 [(4) contain logos for more than one service on a sign
5-7 panel except in an area in which not more than two eligible
5-8 establishments are available for a service, in which case a sign
5-9 panel may contain logos for two services].
5-10 SECTION 4. Sections 391.093(a) and (b), Transportation Code,
5-11 are amended to read as follows:
5-12 (a) A commercial establishment, to be eligible to have its
5-13 name displayed on a specific information logo sign, must provide
5-14 fuel [gas], food, lodging, or camping and be located not more than
5-15 three miles from an interchange on an eligible [interstate]
5-16 highway. If no service participating or willing to participate in
5-17 the specific information logo sign program is located within three
5-18 miles of an interchange, the commission may grant permits for
5-19 commercial establishments located not farther than:
5-20 (1) six miles from the interchange;
5-21 (2) nine miles from the interchange if no service
5-22 participating or willing to participate in the program is located
5-23 within six miles from the interchange;
5-24 (3) 12 miles from the interchange if no service
5-25 participating or willing to participate in the program is located
5-26 within nine miles of the interchange; or
5-27 (4) 15 miles from the interchange if no service
6-1 participating or willing to participate in the program is located
6-2 within 12 miles of the interchange [more than 15 miles from the
6-3 interchange].
6-4 (b) An establishment that provides fuel [gas] must operate
6-5 continuously at least 12 hours each day and provide:
6-6 (1) vehicle services, including fuel, oil, and water;
6-7 (2) tire repair, unless the establishment is
6-8 self-service;
6-9 (3) restroom facilities and drinking water; and
6-10 (4) a telephone for use by the public.
6-11 SECTION 5. Subchapter D, Chapter 391, Transportation Code,
6-12 is amended by adding Section 391.0935 to read as follows:
6-13 Sec. 391.0935. MAJOR SHOPPING AREA GUIDE SIGNS. (a) Unless
6-14 the commission determines there is a conflict with federal law, the
6-15 commission shall establish a program that allows the erection and
6-16 maintenance of major shopping area guide signs at appropriate
6-17 locations along eligible urban highways.
6-18 (b) The commission shall adopt rules regulating the content,
6-19 composition, placement, erection, and maintenance of major shopping
6-20 area guide signs and supports within eligible urban highway
6-21 rights-of-way. A major shopping area is entitled to have its name
6-22 displayed on major shopping area guide signs if it:
6-23 (1) contains a minimum square footage of gross
6-24 building area as defined by commission rule; and
6-25 (2) is located not farther than three miles from an
6-26 interchange on an eligible urban highway.
6-27 (c) A major shopping area that has its name displayed on a
7-1 major shopping area guide sign shall reimburse the commission for
7-2 all costs associated with the composition, placement, erection, and
7-3 maintenance of the sign.
7-4 (d) Major shopping area guide signs may be included as part
7-5 of exit direction signs, advance guide signs, and supplemental
7-6 guide signs and must include guide signs for both directions of
7-7 traffic on an eligible urban highway.
7-8 (e) Sections 391.093(b)-(e) do not apply to major shopping
7-9 area guide signs.
7-10 SECTION 6. Section 391.095, Transportation Code, is amended
7-11 to read as follows:
7-12 Sec. 391.095. PLACEMENT OF SIGNS. (a) The contractor
7-13 installing a specific information logo sign shall place the sign so
7-14 that:
7-15 (1) the sign is at least 800 feet from the [previous
7-16 interchange and at least 800 feet from the] exit direction sign at
7-17 the interchange from which the services are available;
7-18 (2) two signs [having the same legend] are at least
7-19 800 feet apart, but are not excessively spaced; and
7-20 (3) a motorist, after following the sign, can
7-21 conveniently reenter the highway and continue in the original
7-22 direction of travel[; and]
7-23 [(4) if the service facilities are not visible from a
7-24 single-exit interchange ramp terminal, the signs are placed along
7-25 the ramp or at the ramp terminal].
7-26 (b) A specific information logo sign that is placed along a
7-27 ramp or at a ramp terminal must be a duplicate of the corresponding
8-1 establishment logo sign, except that the ramp sign must:
8-2 (1) be smaller [and omit the service information];
8-3 (2) include the distance to the commercial
8-4 establishment; and
8-5 (3) include directional arrows instead of directions
8-6 shown in words.
8-7 (c) If the service facilities are not visible from an
8-8 interchange ramp terminal, additional signs may be placed along the
8-9 ramp or at the ramp terminal.
8-10 SECTION 7. (a) In addition to the substantive changes in
8-11 law made by this Act, this Act amends Chapter 391, Transportation
8-12 Code, to conform to the changes in law made by Section 1, Chapter
8-13 284, Acts of the 74th Legislature, 1995.
8-14 (b) Section 1, Chapter 284, Acts of the 74th Legislature,
8-15 1995, is repealed.
8-16 (c) To the extent of any conflict, this Act prevails over
8-17 another Act of the 75th Legislature, Regular Session, 1997,
8-18 relating to nonsubstantive additions to and corrections in enacted
8-19 codes.
8-20 SECTION 8. This Act takes effect September 1, 1997.
8-21 SECTION 9. The importance of this legislation and the
8-22 crowded condition of the calendars in both houses create an
8-23 emergency and an imperative public necessity that the
8-24 constitutional rule requiring bills to be read on three several
8-25 days in each house be suspended, and this rule is hereby suspended.