By Clark                                              H.B. No. 3472

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of outdoor advertising of sexually

 1-3     oriented businesses on or near an interstate or primary highway

 1-4     system.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 391.031 of the Transportation Code is

 1-7     amended to read as follows:

 1-8           (a)  A person commits an offences if the person willfully

 1-9     erects or maintains outdoor advertising:

1-10                 (1)  within 660 feet of the nearest edge of a

1-11     right-of-way if the advertising is visible from the main-traveled

1-12     way of the interstate or primary system; or

1-13                 (2)  outside an urban area if the advertising is

1-14     located more than 660 feet from the nearest edge of a right-of-way,

1-15     is visible from the main-traveled way of the interstate or primary

1-16     system, and is erected for the purpose of having its message seen

1-17     from the main-traveled way of the interstate or primary system.

1-18           (b)  A person does not commit an offense if the person erects

1-19     or maintains in an area described by Subsection (a):

1-20                 (1)  directional or other official outdoor advertising

1-21     authorized by law, including advertising pertaining to natural

1-22     wonder or a scenic or historic attraction;

 2-1                 (2)  outdoor advertising for the sale or lease of the

 2-2     property on which it is located;

 2-3                 (3)  outdoor advertising solely for activities

 2-4     conducted on the property on which it is located;

 2-5                 (4)  outdoor advertising located within 660 feet of the

 2-6     nearest edge of a right-of-way in an area in which the land use:

 2-7                       (A)  is designated industrial or commercial under

 2-8     authority of law; or

 2-9                       (B)  is not designated industrial or commercial

2-10     under authority of law but the land use is consistent with an area

2-11     designated industrial or commercial;

2-12                 (5)  outdoor advertising that has as its purpose the

2-13     protection of life and property; or

2-14                 (6)  outdoor advertising erected on or before October

2-15     22, 1965, that the commission, with the approval of the secretary

2-16     of the United States Department of Transportation, determines to be

2-17     a landmark of such historic or artistic significance that

2-18     preservation is consistent with the purposes of this subchapter.

2-19           (c)  The determination of whether an area is to be designated

2-20     industrial or commercial must be made under criteria established by

2-21     commission rule and according to actual land use.

2-22           (d)  Notwithstanding anything contained in the subchapter

2-23     above, a person commits an offense if the person willfully erects

2-24     or maintains any sign within 660 feet of an interstate or primary

2-25     system on a sexually oriented business other than one primary sign

2-26     and one secondary sign as provided herein.

2-27                 (1)  Primary signs shall have no more than two display

 3-1     surfaces.  Each such surface shall:

 3-2                       (A)  Not contain any flashing lights;

 3-3                       (B)  Be a flat plane, rectangular in shape;

 3-4                       (C)  Not exceed 30 square feet in area; and

 3-5                       (D)  Not exceed five feet in height or five feet

 3-6     in length.

 3-7                 (2)  Primary signs shall contain no photographs,

 3-8     silhouettes, drawings or pictorial representations of any manner,

 3-9     and may contain only the name of the business.

3-10                 (3)  Secondary signs shall have only one display

3-11     surface.  Such display surface shall:

3-12                       (A)  Be a flat plane, rectangular in shape;

3-13                       (B)  Not exceed 20 square feet in area;

3-14                       (C)  Not exceed five feet in height and four feet

3-15     in width; and

3-16                       (D)  Be affixed or attached to any wall or door

3-17     of the business.

3-18                 (4)  Any sign located on the premises of a commercial

3-19     multi-center containing a business that displays a name, or any

3-20     portion of the name of the business, any name under which any

3-21     business was formerly operated on the premises, or that contains

3-22     any references to sexually oriented business or terminology

3-23     generally related thereto, shall comply with the restrictions of

3-24     this section.  The intent of this subsection is to prevent the use

3-25     of a sign identifying the commercial multi-tenant center itself

3-26     from being used as a subterfuge to evade the restrictions on

3-27     sexually oriented business signs set forth in this section.

 4-1                 (5)  For the purpose of this section, "sexually

 4-2     oriented business" is defined in Section 243.002 of the Local

 4-3     Government Code.

 4-4           (e)  An offense under this section is a misdemeanor

 4-5     punishable by a fine of not less than $500 or more than $1,000.

 4-6     Each day of the proscribed conduct is a separate offense.

 4-7           SECTION 3.  This takes effect on September 1, 1997.

 4-8           SECTION 4.  The importance of this legislation and the

 4-9     crowded condition of the calendars in both houses create an

4-10     emergency and an imperative public necessity that the

4-11     constitutional rule requiring bills to be read on three several

4-12     days in each house be suspended, and this rule is hereby suspended.