By: Nixon S.B. No. 156
A BILL TO BE ENTITLED
AN ACT
1-1 relating to directional signs on public highways for major
1-2 agricultural interests, major shopping areas, and specific
1-3 information.
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 located outside an urbanized area with a
1-14 population of 50,000 or more; and
1-15 (B) qualifies for a maximum speed limit of 65
1-16 miles per hour under 23 U.S.C. Section 154 or, if that law is
1-17 repealed, qualified for a maximum speed limit of 65 miles per hour
1-18 on the day before the effective date of the repeal.
1-19 (3) "Eligible urban highway" means an interstate
1-20 highway that is located inside an urbanized area with a population
1-21 of 200,000 or more.
1-22 (4) "Information logo sign" means a specific
1-23 information logo sign or a major shopping area guide sign.
2-1 (5) "Eligible rural highway" means a highway that:
2-2 (A) has non-controlled access; and
2-3 (B) is outside the corporate limits of a
2-4 municipality.
2-5 (6) "Interstate system" means that portion of the
2-6 national system of interstate and defense highways that is located
2-7 in this state and is designated officially by the commission and
2-8 approved under Title 23, United States Code.
2-9 (7) [(3)] "Junk" means:
2-10 (A) old or scrap copper, brass, rope, rags,
2-11 batteries, paper, trash, rubber, debris, or waste;
2-12 (B) junked, dismantled, or wrecked automobiles
2-13 or automobile parts; or
2-14 (C) iron, steel, and other old or scrap ferrous
2-15 or nonferrous material.
2-16 (8) [(4)] "Junkyard" means:
2-17 (A) an automobile graveyard;
2-18 (B) an establishment maintained, used, or
2-19 operated for storing, buying, or selling junk or processing scrap
2-20 metal; or
2-21 (C) a garbage dump or sanitary fill.
2-22 (9) "Major agricultural interest" means a farm, ranch,
2-23 winery, nursery, greenhouse, or other facility that:
2-24 (A) sows or cultivates an agricultural product;
2-25 (B) devotes a minimum of five acres of land to
3-1 the production of the agricultural product;
3-2 (C) markets the products on the premises as a
3-3 retail sale of the product; and
3-4 (D) conducts public tours of the grounds or
3-5 facilities.
3-6 (10) "Major agricultural interest sign" means a
3-7 rectangular sign panel imprinted with the name of, and containing
3-8 directional information to, a major agricultural interest.
3-9 (11) "Major shopping area" means a geographic area
3-10 that:
3-11 (A) consists of 30 acres or more of land; and
3-12 (B) includes an enclosed retail shopping mall
3-13 that contains a square footage of gross building area as prescribed
3-14 by commission rule.
3-15 (12) "Major shopping area guide sign" means a
3-16 rectangular guide sign panel imprinted with the name of a major
3-17 shopping area, as that shopping area is commonly known to the
3-18 public, and containing directional information to the major
3-19 shopping area.
3-20 (13) [(5)] "Outdoor advertising" means an outdoor
3-21 sign, display, light, device, figure, painting, drawing, message,
3-22 plaque, poster, billboard, or other thing designed, intended, or
3-23 used to advertise or inform if any part of the advertising or
3-24 information content is visible from the main-traveled way of the
3-25 interstate or primary system. The term does not include a sign or
4-1 marker giving information about the location of an underground
4-2 electric transmission line, telegraph or telephone property or
4-3 facility, pipeline, public sewer, or waterline.
4-4 (14) [(6)] "Primary system" means that portion of
4-5 connected main highways located in this state that is designated
4-6 officially by the commission and approved under Title 23, United
4-7 States Code.
4-8 (15) [(7)] "Specific information logo sign" means a
4-9 rectangular sign panel imprinted with the words "GAS," "FOOD,"
4-10 "LODGING," or "CAMPING," or with a combination of those words, and
4-11 the specific brand names of commercial establishments offering
4-12 those services[, including specific brand names, giving specific
4-13 information of interest to the traveling public].
4-14 (16) [(8)] "Urban area" means an area defined by the
4-15 commission in cooperation with local officials, subject to approval
4-16 by the secretary of the United States Department of Transportation,
4-17 that as a minimum includes an urban place as designated by the
4-18 United States Bureau of the Census having a population of 5,000 or
4-19 more and not located within an urbanized area.
4-20 (17) [(9)] "Urbanized area" means an area defined by
4-21 the commission in cooperation with local officials, subject to
4-22 approval by the secretary of the United States Department of
4-23 Transportation, that as a minimum includes an urbanized area as
4-24 defined by the United States Bureau of the Census or that part of a
4-25 multistate urbanized area located in this state.
5-1 SECTION 2. The heading of Subchapter D, Chapter 391,
5-2 Transportation Code, is amended to read as follows:
5-3 SUBCHAPTER D. DIRECTIONAL SIGN PROGRAMS
5-4 [SPECIFIC INFORMATION LOGO SIGNS]
5-5 SECTION 3. Section 391.091, Transportation Code, is amended
5-6 to read as follows:
5-7 Sec. 391.091. Erection and Maintenance of Signs. (a) The
5-8 commission shall enter into one or more contracts [contract] with
5-9 an individual, firm, group, or association in this state to erect
5-10 and maintain:
5-11 (1) specific information logo signs at appropriate
5-12 locations along an eligible highway; and
5-13 (2) major agricultural interest signs at appropriate
5-14 locations along an eligible rural highway [interstate highways in
5-15 each county with a population of less than 20,000].
5-16 (b) A contract under this section shall provide for:
5-17 (1) the assessment of fees to be paid to a contractor
5-18 by a commercial establishment of a major agricultural interest; and
5-19 (2) remittance to the department of a portion of the
5-20 fees collected by the contractor in an amount sufficient to recover
5-21 the department's costs of administering the programs.
5-22 SECTION 4. Section 391.092, Transportation Code, is amended
5-23 by amending Subsections (a) and (c) and adding Subsection (d) to
5-24 read as follows:
5-25 (a) The commission shall:
6-1 (1) regulate the content, composition, placement,
6-2 erection, and maintenance of:
6-3 (A) specific information logo signs and supports
6-4 on an eligible [interstate] highway right-of-way; and
6-5 (B) major agricultural interest signs and
6-6 supports on an eligible rural highway right-of-way; and
6-7 (2) adopt rules necessary to administer and enforce
6-8 this subchapter.
6-9 (c) A specific information logo sign may not:
6-10 (1) contain a message, symbol, or trademark that
6-11 resembles an official traffic-control device; or
6-12 (2) [have vertical spacing between establishment names
6-13 that exceeds eight inches or horizontal spacing between
6-14 establishment names that exceeds 12 inches;]
6-15 [(3)] contain more than six [four] establishment names
6-16 for each [service on one] sign panel[;or]
6-17 [(4) contain logos for more than one service on a sign
6-18 panel except in an area in which not more than two eligible
6-19 establishments are available for a service, in which case a sign
6-20 panel may contain logos for two services].
6-21 (d) A major agricultural interest sign must:
6-22 (1) have a brown background with a white reflective
6-23 legend and border;
6-24 (2) not contain a corporate or trademark symbol; and
6-25 (3) not contain a message, symbol, or trademark that
7-1 resembles an official traffic control device.
7-2 SECTION 5. Section 391.093, Transportation Code, is amended
7-3 to read as follows:
7-4 Sec. 391.093. ELIGIBILITY FOR DISPLAY ON SPECIFIC
7-5 INFORMATION LOGO SIGN. (a) This section applies to a specific
7-6 information logo sign.
7-7 (b) A commercial establishment, to be eligible to have its
7-8 name displayed on a specific information logo sign, must provide
7-9 gas, food, lodging, or camping and be located not more than three
7-10 miles from an interchange on an eligible [interstate] highway. If
7-11 no service participating or willing to participate in the specific
7-12 information logo sign program is located within three miles of an
7-13 interchange, the commission may grant permits for commercial
7-14 establishments located not farther than:
7-15 (1) six miles from the interchange;
7-16 (2) nine miles from the interchange, if no service
7-17 participating or willing to participate in the program is located
7-18 within six miles of the interchange;
7-19 (3) 12 miles from the interchange, if no service
7-20 participating or willing to participate in the program is located
7-21 within nine miles of the interchange; or
7-22 (4) 15 miles from the interchange, if no service
7-23 participating or willing to participate in the program is located
7-24 within 12 miles of the interchange [more than 15 miles from the
7-25 interchange].
8-1 (c) [(b)] An establishment that provides gas must operate
8-2 continuously at least 12 hours each day and provide:
8-3 (1) vehicle services, including fuel, oil, and water;
8-4 (2) tire repair, unless the establishment is
8-5 self-service;
8-6 (3) restroom facilities and drinking water; and
8-7 (4) a telephone for use by the public.
8-8 (d) [(c)] An establishment that provides food must:
8-9 (1) have any required license or other evidence
8-10 showing compliance with applicable public health or sanitation
8-11 laws;
8-12 (2) operate continuously at least 12 hours a day and
8-13 serve three meals a day; and
8-14 (3) provide:
8-15 (A) seating capacity for at least 16 persons;
8-16 (B) public restrooms; and
8-17 (C) a telephone for use by the public.
8-18 (e) [(d)] An establishment that provides lodging must:
8-19 (1) have any required license or other evidence
8-20 showing compliance with applicable laws regulating facilities
8-21 providing lodging;
8-22 (2) provide at least 10 rooms; and
8-23 (3) provide a telephone for use by the public.
8-24 (f) [(e)] An establishment that provides camping must:
8-25 (1) have any required license or other evidence
9-1 showing compliance with applicable laws regulating camping
9-2 facilities;
9-3 (2) provide adequate parking accommodations; and
9-4 (3) provide drinking water and modern sanitary
9-5 facilities.
9-6 SECTION 6. Subchapter D, Chapter 391, Transportation Code,
9-7 is amended by adding Section 391.0931 to read as follows:
9-8 Sec. 391.0931. ELIGIBILITY FOR MAJOR AGRICULTURAL INTEREST
9-9 SIGN. To be eligible to have its name displayed on a major
9-10 agricultural interest sign, a major agricultural interest must be
9-11 located within five miles of an intersection with an eligible rural
9-12 highway.
9-13 SECTION 7. Subchapter D, Chapter 391, Transportation Code,
9-14 is amended by adding Section 391.0935 to read as follows:
9-15 Sec. 391.0935. MAJOR SHOPPING AREA GUIDE SIGNS. (a) Unless
9-16 the commission determines that there is a conflict with federal
9-17 law, the commission shall establish a program that allows the
9-18 erection and maintenance of major shopping area guide signs at
9-19 appropriate locations along eligible urban highways.
9-20 (b) The commission shall adopt rules regulating the content,
9-21 composition, placement, erection, and maintenance of major shopping
9-22 area guide signs and support within eligible urban highway
9-23 rights-of-way. A major shopping area is entitled to have its name
9-24 displayed on major shopping area guide signs if it is located not
9-25 farther than three miles from an interchange on an eligible urban
10-1 highway.
10-2 (c) A major shopping area that has its name displayed on a
10-3 major shopping area guide sign shall reimburse the commission for
10-4 all costs associated with the composition, placement, erection, and
10-5 maintenance of the sign.
10-6 (d) Major shopping area guide signs may be included as part
10-7 of exit direction signs, advance guide signs, and supplemental
10-8 guide signs and must include guide signs for both directions of
10-9 traffic on an eligible urban highway.
10-10 SECTION 8. Section 391.095, Transportation Code, is amended
10-11 to read as follows:
10-12 Sec. 391.095. Placement of Signs. (a) The contractor
10-13 installing a specific information logo sign shall place the sign so
10-14 that:
10-15 (1) the sign is at least 800 feet from the previous
10-16 interchange and at least 800 feet from the exit direction sign at
10-17 the interchange from which the services are available;
10-18 (2) two signs having the same legend are at least 800
10-19 feet apart, but are not excessively spaced; and
10-20 (3) a motorist, after following the sign, can
10-21 conveniently reenter the highway and continue in the original
10-22 direction of travel[; and]
10-23 [(4) if the service facilities are not visible from a
10-24 single-exit interchange ramp terminal, the signs are placed along
10-25 the ramp or at the ramp terminal].
11-1 (b) A specific information logo sign that is placed along a
11-2 ramp or at a ramp terminal must be a duplicate of the corresponding
11-3 establishment logo sign, except that the ramp sign must:
11-4 (1) be smaller [and omit the service information];
11-5 (2) include the distance to the commercial
11-6 establishment; and
11-7 (3) include directional arrows instead of directions
11-8 shown in words.
11-9 (c) If the service facilities are not visible from an
11-10 interchange ramp terminal, additional signs may be placed along the
11-11 ramp or the ramp terminal.
11-12 SECTION 9. (a) In addition to the substantive changes in
11-13 law made by this Act, this Act amends Sections 391.001, 391.091,
11-14 391.092(a) and (c), 391.093(a), and 391.095 and the heading of
11-15 Subchapter D, Chapter 391, Transportation Code, to conform to the
11-16 changes in law made by Section 1, Chapter 284, Acts of the 74th
11-17 Legislature, 1995.
11-18 (b) Section 1, Chapter 284, Acts of the 74th Legislature,
11-19 1995, is repealed.
11-20 (c) To the extent of any conflict, this Act prevails over
11-21 another Act of the 75th Legislature, Regular Session, 1997,
11-22 relating to nonsubstantive additions to and corrections in enacted
11-23 codes.
11-24 SECTION 10. This Act takes effect September 1, 1997.
11-25 SECTION 11. The importance of this legislation and the
12-1 crowded condition of the calendars in both houses create an
12-2 emergency and an imperative public necessity that the
12-3 constitutional rule requiring bills to be read on three several
12-4 days in each house be suspended, and this rule is hereby suspended.