HBA-ALS H.B. 2698 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2698 By: Danburg Land & Resource Management 3/25/1999 Introduced BACKGROUND AND PURPOSE Historically when cities passed sign ordinances, often there were already off-premise (billboards) signs in place. Those signs were either grandfathered as non-conforming uses or subject to removal under an amortization plan. Further, those non-conforming signs could be regularly maintained and even repaired as long as the sign was not damaged to an extent that it was destroyed by 60% or more. If such damage did occur, then such a non-conforming sign was no longer authorized and the remaining structure had to be removed. Recently, certain cities have ignored the historical treatment of non-conforming signs and have issued new non-conforming permits for signs to be built or re-built in a previously abandoned or damaged location. H.B. 2698 clarifies that the non-conforming status attaches to the sign structure and not to the location. Thus, under this bill, a sign voluntarily removed or blown down in a storm cannot be rebuilt or replaced at that location if the location was previously declared illegal by city ordinance. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 216.002, Local Government Code, to define "non-conforming sign." Establishes that the nonconforming status of a sign is the property of the sign's owner, and provides that if the owner permanently removes the sign for a reason other than to comply under Section 216.013, Local Government Code (Exceptions), then the sign's nonconforming status is terminated. SECTION 2. Amends Section 216.013, Local Government Code, by adding Subsection (e), to provide that a nonconforming, off-premise sign permitted for a nonconforming use is not eligible for replacement or reconstruction at its current location except as provided in this chapter, notwithstanding another law or action of the state or a political subdivision. Provides that the nonconforming use attaches to the original off-premise sign and does not authorize another new, nonconforming, off-premise sign at that location. SECTION 3.Emergency clause. Effective date: upon passage.