1-1     By:  Brown                                            S.B. No. 1345
 1-2           (In the Senate - Filed March 11, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on State Affairs;
 1-4     April 9, 1999, reported favorably by the following vote:  Yeas 7,
 1-5     Nays 2; April 9, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the definition of a nonconforming sign and the
 1-9     attachment of the nonconforming, off-premise sign status to the
1-10     original nonconforming, off-premise sign.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 216.002, Local Government Code, is
1-13     amended to read as follows:
1-14           Sec. 216.002.  Definitions.  In this subchapter:
1-15                 (1)  "Sign" means an outdoor structure, sign, display,
1-16     light device, figure, painting, drawing, message, plaque, poster,
1-17     billboard, or other thing that is designed, intended, or used to
1-18     advertise or inform.
1-19                 (2)  "On-premise sign" means a freestanding sign
1-20     identifying or advertising a business, person, or activity, and
1-21     installed and maintained on the same premises as the business,
1-22     person, or activity.
1-23                 (3)  "Off-premise sign" means a sign displaying
1-24     advertising copy that pertains to a business, person, organization,
1-25     activity, event, place, service, or product not principally located
1-26     or primarily manufactured or sold on the premises on which the sign
1-27     is located.
1-28                 (4)  "Nonconforming sign" means a sign that was
1-29     lawfully installed at its current location but no longer complies
1-30     with the local regulations.  The nonconforming status of a sign is
1-31     the property of the owner of the sign, and upon the permanent
1-32     removal of a nonconforming, off-premise sign by the owner for
1-33     reasons other than the requirements in Sections 216.013(b) and (c),
1-34     the nonconforming status of the sign is terminated.
1-35           SECTION 2.  Section 216.013, Local Government Code, is
1-36     amended by adding Subsection (e) to read as follows:
1-37           (e)  Notwithstanding any other provision of state law or any
1-38     law or action of a political subdivision of this state, a
1-39     nonconforming off-premise sign having been permitted to remain in
1-40     place as a nonconforming use shall not be eligible for replacement
1-41     or reconstruction at its current location except as provided in
1-42     this chapter.  The nonconforming use attaches to the original
1-43     off-premise sign and shall not authorize another, new,
1-44     nonconforming off-premise sign at such location.
1-45           SECTION 3.  The importance of this legislation and the
1-46     crowded condition of the calendars in both houses create an
1-47     emergency and an imperative public necessity that the
1-48     constitutional rule requiring bills to be read on three several
1-49     days in each house be suspended, and this rule is hereby suspended,
1-50     and that this Act take effect and be in force from and after its
1-51     passage, and it is so enacted.
1-52                                  * * * * *