SRC-JBJ S.B. 1345 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1345
By: Brown
State Affairs
3/23/1999
As Filed


DIGEST 

Historically, cities have passed sign ordinances, but have grandfathered or
used an amortization plan for off-premise signs (billboards), which were
already displayed, and did not conform to the ordinance.  Those
nonconforming signs were allowed to be regularly maintained and even
repaired as long as the signs were not damaged to a certain extent or
destroyed.  If significant damage or destruction did occur, the signs were
no longer authorized and the remaining structures had to be removed.  Thus,
a sign voluntarily removed or blown down by a storm cannot be rebuilt or
replaced if the location was previously declared illegal by city ordinance.
Yet, some cities ignore policy for off-premise signs, allowing new
nonconforming signs to be built or rebuilt.  S.B. 1345 clarifies the intent
for nonconforming signs and requires those signs to remain attached to
their location.  

PURPOSE

As proposed, S.B. 1345 clarifies the definition of an off-premise sign and
that the nonconforming status of a sign attaches to the sign's structure
and not to its location. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 216.002, Local Government Code, to define
"non-conforming sign" as a sign that was lawfully installed at its current
location, but no longer complies with local regulations.  Sets forth
provisions included in the nonconforming status of a sign. 
     
SECTION 2.  Amends Section 216.013, Local Government Code, to define
Subsection (e), to prohibit certain nonconforming signs from being eligible
for replacement or reconstruction at their current location.  Provides that
the nonconforming use attaches to the original off-premise sign and shall
not authorize another new, nonconforming, off-premise sign at such
location. 

SECTION 3.Emergency clause.
  Effective date: upon passage.