SRC-SEW S.B. 778 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 778
77R5425 TBy: Shapiro
Intergovernmental Relations
4/5/2001
As Filed


DIGEST AND PURPOSE 

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. These 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 to or destruction of a sign did occur, the sign was no
longer authorized and the remaining structure had to be moved.  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.
However, currently some cities ignore policy for offpremise signs, allowing
new nonconforming signs to be built or rebuilt.  As proposed, S.B. 778
clarifies the definition of an off-premise sign and that the nonconforming
status of a sign is attached to the sign's structure and not to its
location.  This bill also clarifies the intent for nonconforming signs and
requires those signs to remain attached to their original location. 

RULEMAKING AUTHORITY

This bill does not expressly 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." Provides that the nonconforming status of a sign is
the property of the owner of the sign and that, upon the permanent removal
of the nonconforming, off-premise sign by the owner for reasons other than
the requirements in Subsections (b) and (c) of Section 216.013 of this
chapter, the nonconforming status of the sign is terminated. 

SECTION 2.  Amends Section 216.013, Local Government Code, by adding
Subsection (e), as follows: 

(e) Prohibits, notwithstanding any other provision of state law or any law
or action of a political subdivision of this state, a nonconforming
off-premise sign having been permitted to remain in place as a
nonconforming use from being eligible for replacement or reconstruction at
its current location except as provided in this chapter.  Provides that the
nonconforming use attaches to the original off-premise sign and prohibits
the authorization of another new, nonconforming, off-premise sign at such
location. 

SECTION 3.  Effective date:  upon passage.