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 * * * * *