1-1 By: Nixon S.B. No. 156
1-2 (In the Senate - Filed December 18, 1996; January 14, 1997,
1-3 read first time and referred to Committee on Natural Resources;
1-4 April 10, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 11, Nays 0; April 10, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 156 By: Lucio
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to directional signs on public highways for major
1-11 agricultural interests, major shopping areas, and specific
1-12 information.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 391.001, Transportation Code, is amended
1-15 to read as follows:
1-16 Sec. 391.001. Definitions. In this chapter:
1-17 (1) "Automobile graveyard" means an establishment that
1-18 is maintained, used, or operated for storing, buying, or selling
1-19 wrecked, scrapped, ruined, or dismantled motor vehicles or motor
1-20 vehicle parts.
1-21 (2) "Eligible highway" means a highway that:
1-22 (A) is located outside an urbanized area with a
1-23 population of 50,000 or more; and
1-24 (B) qualifies for a maximum speed limit of 65
1-25 miles per hour under 23 U.S.C. Section 154 or, if that law is
1-26 repealed, qualified for a maximum speed limit of 65 miles per hour
1-27 on the day before the effective date of the repeal.
1-28 (3) "Eligible urban highway" means an interstate
1-29 highway that is located inside an urbanized area with a population
1-30 of 200,000 or more.
1-31 (4) "Information logo sign" means a specific
1-32 information logo sign or a major shopping area guide sign.
1-33 (5) "Eligible rural highway" means a highway that:
1-34 (A) has non-controlled access; and
1-35 (B) is outside the corporate limits of a
1-36 municipality.
1-37 (6) "Interstate system" means that portion of the
1-38 national system of interstate and defense highways that is located
1-39 in this state and is designated officially by the commission and
1-40 approved under Title 23, United States Code.
1-41 (7) [(3)] "Junk" means:
1-42 (A) old or scrap copper, brass, rope, rags,
1-43 batteries, paper, trash, rubber, debris, or waste;
1-44 (B) junked, dismantled, or wrecked automobiles
1-45 or automobile parts; or
1-46 (C) iron, steel, and other old or scrap ferrous
1-47 or nonferrous material.
1-48 (8) [(4)] "Junkyard" means:
1-49 (A) an automobile graveyard;
1-50 (B) an establishment maintained, used, or
1-51 operated for storing, buying, or selling junk or processing scrap
1-52 metal; or
1-53 (C) a garbage dump or sanitary fill.
1-54 (9) "Major agricultural interest" means a farm, ranch,
1-55 winery, nursery, greenhouse, or other facility that:
1-56 (A) sows or cultivates an agricultural product;
1-57 (B) devotes a minimum of five acres of land to
1-58 the production of the agricultural product;
1-59 (C) markets the products on the premises as a
1-60 retail sale of the product; and
1-61 (D) conducts public tours of the grounds or
1-62 facilities.
1-63 (10) "Major agricultural interest sign" means a
1-64 rectangular sign panel imprinted with the name of, and containing
2-1 directional information to, a major agricultural interest.
2-2 (11) "Major shopping area" means a geographic area
2-3 that:
2-4 (A) consists of 30 acres or more of land; and
2-5 (B) includes an enclosed retail shopping mall
2-6 that contains a square footage of gross building area as prescribed
2-7 by commission rule.
2-8 (12) "Major shopping area guide sign" means a
2-9 rectangular guide sign panel imprinted with the name of a major
2-10 shopping area, as that shopping area is commonly known to the
2-11 public, and containing directional information to the major
2-12 shopping area.
2-13 (13) [(5)] "Outdoor advertising" means an outdoor
2-14 sign, display, light, device, figure, painting, drawing, message,
2-15 plaque, poster, billboard, or other thing designed, intended, or
2-16 used to advertise or inform if any part of the advertising or
2-17 information content is visible from the main-traveled way of the
2-18 interstate or primary system. The term does not include a sign or
2-19 marker giving information about the location of an underground
2-20 electric transmission line, telegraph or telephone property or
2-21 facility, pipeline, public sewer, or waterline.
2-22 (14) [(6)] "Primary system" means that portion of
2-23 connected main highways located in this state that is designated
2-24 officially by the commission and approved under Title 23, United
2-25 States Code.
2-26 (15) [(7)] "Specific information logo sign" means a
2-27 rectangular sign panel imprinted with the words "GAS," "FOOD,"
2-28 "LODGING," or "CAMPING," or with a combination of those words, and
2-29 the specific brand names of commercial establishments offering
2-30 those services[, including specific brand names, giving specific
2-31 information of interest to the traveling public].
2-32 (16) [(8)] "Urban area" means an area defined by the
2-33 commission in cooperation with local officials, subject to approval
2-34 by the secretary of the United States Department of Transportation,
2-35 that as a minimum includes an urban place as designated by the
2-36 United States Bureau of the Census having a population of 5,000 or
2-37 more and not located within an urbanized area.
2-38 (17) [(9)] "Urbanized area" means an area defined by
2-39 the commission in cooperation with local officials, subject to
2-40 approval by the secretary of the United States Department of
2-41 Transportation, that as a minimum includes an urbanized area as
2-42 defined by the United States Bureau of the Census or that part of a
2-43 multistate urbanized area located in this state.
2-44 SECTION 2. The heading of Subchapter D, Chapter 391,
2-45 Transportation Code, is amended to read as follows:
2-46 SUBCHAPTER D. DIRECTIONAL SIGN PROGRAMS
2-47 [SPECIFIC INFORMATION LOGO SIGNS]
2-48 SECTION 3. Section 391.091, Transportation Code, is amended
2-49 to read as follows:
2-50 Sec. 391.091. Erection and Maintenance of Signs. (a) The
2-51 commission shall enter into one or more contracts [contract] with
2-52 an individual, firm, group, or association in this state to erect
2-53 and maintain:
2-54 (1) specific information logo signs at appropriate
2-55 locations along an eligible highway; and
2-56 (2) major agricultural interest signs at appropriate
2-57 locations along an eligible rural highway [interstate highways in
2-58 each county with a population of less than 20,000].
2-59 (b) A contract under this section shall provide for:
2-60 (1) the assessment of fees to be paid to a contractor
2-61 by a commercial establishment of a major agricultural interest; and
2-62 (2) remittance to the department of a portion of the
2-63 fees collected by the contractor in an amount sufficient to recover
2-64 the department's costs of administering the programs.
2-65 SECTION 4. Section 391.092, Transportation Code, is amended
2-66 by amending Subsections (a) and (c) and adding Subsection (d) to
2-67 read as follows:
2-68 (a) The commission shall:
2-69 (1) regulate the content, composition, placement,
3-1 erection, and maintenance of:
3-2 (A) specific information logo signs and supports
3-3 on an eligible [interstate] highway right-of-way; and
3-4 (B) major agricultural interest signs and
3-5 supports on an eligible rural highway right-of-way; and
3-6 (2) adopt rules necessary to administer and enforce
3-7 this subchapter.
3-8 (c) A specific information logo sign may not:
3-9 (1) contain a message, symbol, or trademark that
3-10 resembles an official traffic-control device; or
3-11 (2) [have vertical spacing between establishment names
3-12 that exceeds eight inches or horizontal spacing between
3-13 establishment names that exceeds 12 inches;]
3-14 [(3)] contain more than six [four] establishment names
3-15 for each [service on one] sign panel[;or]
3-16 [(4) contain logos for more than one service on a sign
3-17 panel except in an area in which not more than two eligible
3-18 establishments are available for a service, in which case a sign
3-19 panel may contain logos for two services].
3-20 (d) A major agricultural interest sign must:
3-21 (1) have a brown background with a white reflective
3-22 legend and border;
3-23 (2) not contain a corporate or trademark symbol; and
3-24 (3) not contain a message, symbol, or trademark that
3-25 resembles an official traffic control device.
3-26 SECTION 5. Section 391.093, Transportation Code, is amended
3-27 to read as follows:
3-28 Sec. 391.093. ELIGIBILITY FOR DISPLAY ON SPECIFIC
3-29 INFORMATION LOGO SIGN. (a) This section applies to a specific
3-30 information logo sign.
3-31 (b) A commercial establishment, to be eligible to have its
3-32 name displayed on a specific information logo sign, must provide
3-33 gas, food, lodging, or camping and be located not more than three
3-34 miles from an interchange on an eligible [interstate] highway. If
3-35 no service participating or willing to participate in the specific
3-36 information logo sign program is located within three miles of an
3-37 interchange, the commission may grant permits for commercial
3-38 establishments located not farther than:
3-39 (1) six miles from the interchange;
3-40 (2) nine miles from the interchange, if no service
3-41 participating or willing to participate in the program is located
3-42 within six miles of the interchange;
3-43 (3) 12 miles from the interchange, if no service
3-44 participating or willing to participate in the program is located
3-45 within nine miles of the interchange; or
3-46 (4) 15 miles from the interchange, if no service
3-47 participating or willing to participate in the program is located
3-48 within 12 miles of the interchange [more than 15 miles from the
3-49 interchange].
3-50 (c) [(b)] An establishment that provides gas must operate
3-51 continuously at least 12 hours each day and provide:
3-52 (1) vehicle services, including fuel, oil, and water;
3-53 (2) tire repair, unless the establishment is
3-54 self-service;
3-55 (3) restroom facilities and drinking water; and
3-56 (4) a telephone for use by the public.
3-57 (d) [(c)] An establishment that provides food must:
3-58 (1) have any required license or other evidence
3-59 showing compliance with applicable public health or sanitation
3-60 laws;
3-61 (2) operate continuously at least 12 hours a day and
3-62 serve three meals a day; and
3-63 (3) provide:
3-64 (A) seating capacity for at least 16 persons;
3-65 (B) public restrooms; and
3-66 (C) a telephone for use by the public.
3-67 (e) [(d)] An establishment that provides lodging must:
3-68 (1) have any required license or other evidence
3-69 showing compliance with applicable laws regulating facilities
4-1 providing lodging;
4-2 (2) provide at least 10 rooms; and
4-3 (3) provide a telephone for use by the public.
4-4 (f) [(e)] An establishment that provides camping must:
4-5 (1) have any required license or other evidence
4-6 showing compliance with applicable laws regulating camping
4-7 facilities;
4-8 (2) provide adequate parking accommodations; and
4-9 (3) provide drinking water and modern sanitary
4-10 facilities.
4-11 SECTION 6. Subchapter D, Chapter 391, Transportation Code,
4-12 is amended by adding Section 391.0931 to read as follows:
4-13 Sec. 391.0931. ELIGIBILITY FOR MAJOR AGRICULTURAL INTEREST
4-14 SIGN. To be eligible to have its name displayed on a major
4-15 agricultural interest sign, a major agricultural interest must be
4-16 located within five miles of an intersection with an eligible rural
4-17 highway.
4-18 SECTION 7. Subchapter D, Chapter 391, Transportation Code,
4-19 is amended by adding Section 391.0935 to read as follows:
4-20 Sec. 391.0935. MAJOR SHOPPING AREA GUIDE SIGNS. (a) Unless
4-21 the commission determines that there is a conflict with federal
4-22 law, the commission shall establish a program that allows the
4-23 erection and maintenance of major shopping area guide signs at
4-24 appropriate locations along eligible urban highways.
4-25 (b) The commission shall adopt rules regulating the content,
4-26 composition, placement, erection, and maintenance of major shopping
4-27 area guide signs and support within eligible urban highway
4-28 rights-of-way. A major shopping area is entitled to have its name
4-29 displayed on major shopping area guide signs if it is located not
4-30 farther than three miles from an interchange on an eligible urban
4-31 highway.
4-32 (c) A major shopping area that has its name displayed on a
4-33 major shopping area guide sign shall reimburse the commission for
4-34 all costs associated with the composition, placement, erection, and
4-35 maintenance of the sign.
4-36 (d) Major shopping area guide signs may be included as part
4-37 of exit direction signs, advance guide signs, and supplemental
4-38 guide signs and must include guide signs for both directions of
4-39 traffic on an eligible urban highway.
4-40 SECTION 8. Section 391.095, Transportation Code, is amended
4-41 to read as follows:
4-42 Sec. 391.095. Placement of Signs. (a) The contractor
4-43 installing a specific information logo sign shall place the sign so
4-44 that:
4-45 (1) the sign is at least 800 feet from the previous
4-46 interchange and at least 800 feet from the exit direction sign at
4-47 the interchange from which the services are available;
4-48 (2) two signs having the same legend are at least 800
4-49 feet apart, but are not excessively spaced; and
4-50 (3) a motorist, after following the sign, can
4-51 conveniently reenter the highway and continue in the original
4-52 direction of travel[; and]
4-53 [(4) if the service facilities are not visible from a
4-54 single-exit interchange ramp terminal, the signs are placed along
4-55 the ramp or at the ramp terminal].
4-56 (b) A specific information logo sign that is placed along a
4-57 ramp or at a ramp terminal must be a duplicate of the corresponding
4-58 establishment logo sign, except that the ramp sign must:
4-59 (1) be smaller [and omit the service information];
4-60 (2) include the distance to the commercial
4-61 establishment; and
4-62 (3) include directional arrows instead of directions
4-63 shown in words.
4-64 (c) If the service facilities are not visible from an
4-65 interchange ramp terminal, additional signs may be placed along the
4-66 ramp or the ramp terminal.
4-67 SECTION 9. (a) In addition to the substantive changes in
4-68 law made by this Act, this Act amends Sections 391.001, 391.091,
4-69 391.092(a) and (c), 391.093(a), and 391.095 and the heading of
5-1 Subchapter D, Chapter 391, Transportation Code, to conform to the
5-2 changes in law made by Section 1, Chapter 284, Acts of the 74th
5-3 Legislature, 1995.
5-4 (b) Section 1, Chapter 284, Acts of the 74th Legislature,
5-5 1995, is repealed.
5-6 (c) To the extent of any conflict, this Act prevails over
5-7 another Act of the 75th Legislature, Regular Session, 1997,
5-8 relating to nonsubstantive additions to and corrections in enacted
5-9 codes.
5-10 SECTION 10. This Act takes effect September 1, 1997.
5-11 SECTION 11. The importance of this legislation and the
5-12 crowded condition of the calendars in both houses create an
5-13 emergency and an imperative public necessity that the
5-14 constitutional rule requiring bills to be read on three several
5-15 days in each house be suspended, and this rule is hereby suspended.
5-16 * * * * *