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1-26     repealed, qualified for a maximum speed limit of 65 miles per hour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                                  * * * * *