1-1 By: Haywood, Nelson S.B. No. 446 1-2 (In the Senate - Filed February 5, 1997; February 6, 1997, 1-3 read first time and referred to Committee on State Affairs; 1-4 March 10, 1997, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 13, Nays 0; March 10, 1997, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 446 By: Shapiro 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the posting of political signs on private property 1-11 along certain highways. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subchapter A, Chapter 391, Transportation Code, 1-14 is amended by adding Section 391.005 to read as follows: 1-15 Sec. 391.005. EXEMPTION. This chapter does not apply to a 1-16 sign erected solely for and relating to a public election if the 1-17 sign: 1-18 (1) is on private property; 1-19 (2) is erected not earlier than the 90th day before 1-20 the date of the election and is removed not later than the 10th day 1-21 after the election date; 1-22 (3) is constructed of lightweight material; and 1-23 (4) has a surface area not larger than 50 square feet. 1-24 SECTION 2. (a) This Act takes effect on the first day of 1-25 the calendar month following the date the Texas Transportation 1-26 Commission determines that the implementation of Section 391.005, 1-27 Transportation Code, as added by this Act, will not result in the 1-28 loss of highway-related funds from the federal government. The 1-29 commission shall endeavor to make a determination under this 1-30 subsection as soon as practical after this Act becomes law. In 1-31 making a determination under this subsection, the commission may 1-32 seek the opinion of an officer or employee of the federal 1-33 government, the attorney general of this state, or any other 1-34 appropriate person. 1-35 (b) If a determination is made under Subsection (a) of this 1-36 section, the commission shall provide notice of the determination 1-37 to the secretary of state for inclusion in the Texas Register. If 1-38 a determination is not made under Subsection (a) of this section, 1-39 this Act has no effect. 1-40 (c) The commission may delegate any of its responsibilities 1-41 under this Act to the executive director of the Texas Department of 1-42 Transportation. 1-43 SECTION 3. The importance of this legislation and the 1-44 crowded condition of the calendars in both houses create an 1-45 emergency and an imperative public necessity that the 1-46 constitutional rule requiring bills to be read on three several 1-47 days in each house be suspended, and this rule is hereby suspended. 1-48 * * * * *