By Danburg                                            H.B. No. 2698
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the definition of an off-premise sign and the
 1-3     attachment of the nonconforming, off-premise sign status to the
 1-4     original nonconforming, off-premise sign.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 216.002, Local Government Code, is
 1-7     amended to read as follows:
 1-8           Sec. 216.002.  DEFINITIONS.  In this subchapter:  (1)  "Sign"
 1-9     means an outdoor structure, sign, display, light device, figure,
1-10     painting, drawing, message, plaque, poster, billboard, or other
1-11     thing that is designed, intended, or used to advertise or inform.
1-12                 (2)  "On-premise sign" means a freestanding sign
1-13     identifying or advertising a business, person, or activity, and
1-14     installed and maintained on the same premises as the business,
1-15     person, or activity.
1-16                 (3)  "Off-premise sign" means a sign displaying
1-17     advertising copy that pertains to a business, person, organization,
1-18     activity, event, place, service, or product not principally located
1-19     or primarily manufactured or sold on the premises on which the sign
1-20     is located.
1-21                 (4)  "Non-conforming sign" means a sign that was
 2-1     lawfully installed at its current location but no longer complies
 2-2     with the local regulations.  The nonconforming status of a sign is
 2-3     the property of the owner of the sign; and upon the permanent
 2-4     removal of the nonconforming, off-premise sign by the owner for
 2-5     reasons other than the requirements in Subsections (b) and (c) of
 2-6     Section 216.013 of this chapter, the nonconforming status of the
 2-7     sign is terminated.
 2-8           SECTION 2.  Section 216.013, Local Government Code, is
 2-9     amended by adding Subsection (e) to read as follows:
2-10           (e)  Notwithstanding any other provision of state law or any
2-11     law or action of a political subdivision of this state, a
2-12     nonconforming, off-premise sign having been permitted to remain in
2-13     place as a nonconforming use, shall not be eligible for replacement
2-14     or reconstruction at its current location except as provided in
2-15     this chapter.  The nonconforming use attaches to the original
2-16     off-premise sign and shall not authorize another new,
2-17     nonconforming, off-premise sign at such location.
2-18           SECTION 3.  The importance of this legislation and the
2-19     crowded condition of the calendars in both houses create an
2-20     emergency and an imperative public necessity that the
2-21     constitutional rule requiring bills to be read on three several
2-22     days in each house be suspended, and this rule is hereby suspended,
2-23     and that this Act take effect and be in force from and after its
2-24     passage, and it is so enacted.