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1-17     repealed, qualified for a maximum speed limit of 65 miles per hour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.