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.

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