Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Jackson H.B. No. 3219
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the placement of specific information logo signs and
1-3 major shopping area guide signs on certain 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 is:
1-13 (A) controlled access;
1-14 (B) constructed to interstate standards; and
1-15 (C) located outside the corporate limits of a
1-16 city with a population of 50,000 or more, as those limits existed
1-17 on September 1, 1997.
1-18 (3) "Eligible urban highway" means a highway that is:
1-19 (A) controlled access;
1-20 (B) constructed to interstate standards; and
1-21 (C) 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 that contains a minimum square footage of gross building area as
2-23 prescribed by commission rule.
2-24 (9) "Major shopping area guide sign" means a
2-25 rectangular guide sign panel imprinted with the name of a major
2-26 shopping area, as it is commonly known to the public, and
2-27 containing directional information to the major shopping area.
2-28 (10) [(5)] "Outdoor advertising" means an outdoor
2-29 sign, display, light, device, figure, painting, drawing, message,
2-30 plaque, poster, billboard, or other thing designed, intended, or
3-1 used to advertise or inform if any part of the advertising or
3-2 information content is visible from the main-traveled way of the
3-3 interstate or primary system. The term does not include a sign or
3-4 marker giving information about the location of an underground
3-5 electric transmission line, telegraph or telephone property or
3-6 facility, pipeline, public sewer, or waterline.
3-7 (11) [(6)] "Primary system" means that portion of
3-8 connected main highways located in this state that is designated
3-9 officially by the commission and approved under Title 23, United
3-10 States Code.
3-11 (12) [(7)] "Specific information logo sign" means a
3-12 rectangular sign panel imprinted with the words "FUEL," ["GAS,"]
3-13 "FOOD," "LODGING," or "CAMPING," or with a combination of those
3-14 words, and the specific brand names of commercial establishments
3-15 offering those services[, including specific brand names, giving
3-16 specific information of interest to the traveling public].
3-17 (13) [(8)] "Urban area" means an area defined by the
3-18 commission in cooperation with local officials, subject to approval
3-19 by the secretary of the United States Department of Transportation,
3-20 that as a minimum includes an urban place as designated by the
3-21 United States Bureau of the Census having a population of 5,000 or
3-22 more and not located within an urbanized area.
3-23 (14) [(9)] "Urbanized area" means an area defined by
3-24 the commission in cooperation with local officials, subject to
3-25 approval by the secretary of the United States Department of
3-26 Transportation, that as a minimum includes an urbanized area as
3-27 defined by the United States Bureau of the Census or that part of a
3-28 multistate urbanized area located in this state.
3-29 SECTION 2. Section 391.091, Transportation Code, is amended
3-30 to read as follows:
4-1 Sec. 391.091. Erection and Maintenance of Signs. The
4-2 commission shall contract with an individual, firm, group, or
4-3 association in this state to erect and maintain specific
4-4 information logo signs at appropriate locations along an eligible
4-5 highway [interstate highways in each county with a population of
4-6 less than 20,000].
4-7 SECTION 3. Section 391.092, Transportation Code, is amended
4-8 to read as follows:
4-9 Sec. 391.092. REGULATION OF SIGNS GENERALLY. (a) The
4-10 commission shall:
4-11 (1) regulate the content, composition, placement,
4-12 erection, and maintenance of specific information logo signs and
4-13 supports on an eligible [interstate] highway right-of-way; and
4-14 (2) adopt rules necessary to administer and enforce
4-15 this subchapter.
4-16 (b) A specific information logo sign must:
4-17 (1) have a blue background with a white reflective
4-18 border; and
4-19 (2) contain a principal legend and [equal in height to
4-20 the] directional legend.
4-21 (c) A specific information logo sign may not:
4-22 (1) contain a message, symbol, or trademark that
4-23 resembles an official traffic-control device; or
4-24 (2) [have vertical spacing between establishment names
4-25 that exceeds eight inches or horizontal spacing between
4-26 establishment names that exceeds 12 inches;]
4-27 [(3)] contain more than six [four] establishment names
4-28 for each [service on one] sign panel[; or]
4-29 [(4) contain logos for more than one service on a sign
4-30 panel except in an area in which not more than two eligible
5-1 establishments are available for a service, in which case a sign
5-2 panel may contain logos for two services].
5-3 SECTION 4. Section 391.093, Transportation Code, is amended
5-4 by amending Subsections (a) and (b) to read as follows:
5-5 (a) A commercial establishment, to be eligible to have its
5-6 name displayed on a specific information logo sign, must provide
5-7 fuel [gas], food, lodging, or camping and be located not more than
5-8 three miles from an interchange on an eligible [interstate]
5-9 highway. If no service participating or willing to participate in
5-10 the specific information logo sign program is located within three
5-11 miles of an interchange, the commission may grant permits for
5-12 commercial establishments located not farther than:
5-13 (1) six miles from the interchange;
5-14 (2) nine miles from the interchange if no service
5-15 participating or willing to participate in the program is located
5-16 within six miles from the interchange;
5-17 (3) 12 miles from the interchange if no service
5-18 participating or willing to participate in the program is located
5-19 within nine miles of the interchange; or
5-20 (4) 15 miles from the interchange if no service
5-21 participating or willing to participate in the program is located
5-22 within 12 miles of the interchange [more than 15 miles from the
5-23 interchange].
5-24 (b) An establishment that provides fuel [gas] must operate
5-25 continuously at least 12 hours each day and provide:
5-26 (1) vehicle services, including fuel, oil, and water;
5-27 (2) tire repair, unless the establishment is
5-28 self-service;
5-29 (3) restroom facilities and drinking water; and
5-30 (4) a telephone for use by the public.
6-1 SECTION 5. Subchapter D, Chapter 391, Transportation Code,
6-2 is amended by adding Section 391.0935 to read as follows:
6-3 Sec. 391.0935. MAJOR SHOPPING AREA GUIDE SIGNS. (a) Unless
6-4 the commission determines there is a conflict with federal law, the
6-5 commission shall establish a program that allows the erection and
6-6 maintenance of major shopping area guide signs at appropriate
6-7 locations along eligible urban highways.
6-8 (b) The commission shall adopt rules regulating the content,
6-9 composition, placement, erection, and maintenance of major shopping
6-10 area guide signs and supports within eligible urban highway
6-11 rights-of-way. A major shopping area is entitled to have its name
6-12 displayed on major shopping area guide signs if it is located not
6-13 farther than three miles from an interchange on an eligible urban
6-14 highway.
6-15 (c) A major shopping area that has its name displayed on a
6-16 major shopping area guide sign shall reimburse the commission for
6-17 all costs associated with the composition, placement, erection, and
6-18 maintenance of the sign.
6-19 (d) Major shopping area guide signs may be included as part
6-20 of exit direction signs, advance guide signs, and supplemental
6-21 guide signs and must include guide signs for both directions of
6-22 traffic on an eligible urban highway.
6-23 (e) Sections 391.093(b)-(e) do not apply to major shopping
6-24 area guide signs.
6-25 SECTION 6. Section 391.095, Transportation Code, is amended
6-26 to read as follows:
6-27 Sec. 391.095. Placement of Signs. (a) The contractor
6-28 installing a specific information logo sign shall place the sign so
6-29 that:
6-30 (1) the sign is [at least 800 feet from the previous
7-1 interchange and] at least 800 feet from the exit direction sign at
7-2 the interchange from which the services are available;
7-3 (2) two signs [having the same legend] are at least
7-4 800 feet apart, but are not excessively spaced; and
7-5 (3) a motorist, after following the sign, can
7-6 conveniently reenter the highway and continue in the original
7-7 direction of travel[; and]
7-8 [(4) if the service facilities are not visible from a
7-9 single-exit interchange ramp terminal, the signs are placed along
7-10 the ramp or at the ramp terminal].
7-11 (b) A specific information logo sign that is placed along a
7-12 ramp or at a ramp terminal must be a duplicate of the corresponding
7-13 establishment logo sign, except that the ramp sign must:
7-14 (1) be smaller [and omit the service information];
7-15 (2) include the distance to the commercial
7-16 establishment; and
7-17 (3) include directional arrows instead of directions
7-18 shown in words.
7-19 (c) If the service facilities are not visible from an
7-20 interchange ramp terminal, additional signs may be placed along the
7-21 ramp or the ramp terminal.
7-22 SECTION 7. (a) In addition to the substantive changes in
7-23 law made by this Act, this Act amends Sections 391.001, 391.091,
7-24 391.092(a) and (c), 391.093(a), Subchapter D, Chapter 391, and
7-25 Section 391.095, Transportation Code, to conform to the changes in
7-26 the law made by Section 1, Chapter 284, Acts of the 74th
7-27 Legislature, Regular Session, 1995.
7-28 (b) Section 1, Chapter 284, Acts of the 74th Legislature,
7-29 Regular Session, 1995, is repealed.
7-30 (c) To the extent of any conflict, this Act prevails over
8-1 another Act of the 75th Legislature, Regular Session, 1997,
8-2 relating to nonsubstantive additions to and corrections in enacted
8-3 codes.
8-4 SECTION 8. This Act takes effect September 1, 1997.
8-5 SECTION 9. The importance of this legislation and the
8-6 crowded condition of the calendars in both houses create an
8-7 emergency and an imperative public necessity that the
8-8 constitutional rule requiring bills to be read on three several
8-9 days in each house be suspended, and this rule is hereby suspended.