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.