By Haywood                                       S.B. No. 446

      75R3874 DRH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the posting of political signs on private property

 1-3     along certain highways.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter A, Chapter 391, Transportation Code,

 1-6     is amended by adding Section 391.005 to read as follows:

 1-7           Sec. 391.005.  EXEMPTION.   This chapter does not apply to a

 1-8     sign erected solely for and relating to a public election if the

 1-9     sign:

1-10                 (1)  is on private property;

1-11                 (2)  is erected not earlier than the 90th day before

1-12     the date of the election and is removed not later than the 10th day

1-13     after the election date;

1-14                 (3)  is constructed of lightweight material; and

1-15                 (4)  has a surface area not larger than 50 square feet.

1-16           SECTION 2.  (a)  This Act takes effect on the first day of

1-17     the calendar month following the date the executive director of the

1-18     Texas Department of Transportation determines that the

1-19     implementation of Section 391.005, Transportation Code, as added by

1-20     this Act, will not result in the loss of highway-related funds from

1-21     the federal government.  The executive director shall endeavor to

1-22     make a determination under this subsection as soon as practical

1-23     after this Act becomes law.  In making a determination under this

1-24     section, the executive director may seek the opinion of an officer

 2-1     or employee of the federal government, the attorney general of this

 2-2     state, or any other appropriate person.

 2-3           (b)  If a determination is made under Subsection (a) of this

 2-4     section, the executive director shall provide notice of the

 2-5     determination to the secretary of state for inclusion in the Texas

 2-6     Register.  If a determination is not made under Subsection (a) of

 2-7     this section, this Act has no effect.

 2-8           SECTION 3.  The importance of this legislation and the

 2-9     crowded condition of the calendars in both houses create an

2-10     emergency and an imperative public necessity that the

2-11     constitutional rule requiring bills to be read on three several

2-12     days in each house be suspended, and this rule is hereby suspended.