SRC-JEC S.B. 1128 77(R)BILL ANALYSIS


Senate Research CenterS.B. 1128
By: Bernsen
Intergovernmental Relations
6/20/2001
Enrolled


DIGEST AND PURPOSE 

Currently, many Texas cities have provisions restricting or prohibiting the
construction of billboards. However, municipal restrictions do not apply in
rural and unincorporated areas.  S.B. 1128 requires the Texas Department of
Transportation to consider aesthetic, safety, and environmental factors in
its construction planning; it bans new billboards on certain sections of
highways; it creates a civil penalty for violation of the restriction on
billboards; and it requires a study to determine the feasibility of
adopting a scenic byways program in Texas. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Transportation
Commission in SECTION 1 (Section 201.614, Transportation Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 201H, Transportation Code, by adding Section
201.614, as follows: 

Sec. 201.614.  DESIGN CONSIDERATIONS.  Requires the Texas Department of
Transportation (department) to consider certain factors when developing
transportation projects that involve the construction, reconstruction,
rehabilitation, or resurfacing of a highway, other than a maintenance
resurfacing project.  Requires the Texas Transportation Commission
(commission) to adopt rules to implement this section. 

SECTION 2.  Amends the heading to Chapter 391, Transportation Code, to read
as follows: 

CHAPTER 391.  HIGHWAY BEAUTIFICATION ON INTERSTATE AND PRIMARY SYSTEMS AND
CERTAIN ROADS 

SECTION 3.  Amends Chapter 391, Transportation Code, by adding Subchapter
I, as follows: 

SUBCHAPTER I.  PROHIBITION OF SIGNS ON CERTAIN HIGHWAYS

 Sec. 391.251.  DEFINITIONS.  Defines "off-premise sign" and "advertising."

Sec. 391.252.  OFF-PREMISE SIGNS PROHIBITED.  (a)  Prohibits a person,
subsequent to the effective date of this subchapter, from erecting an
off-premise sign that is adjacent to and visible from certain highways and
roads.   

(b) Provides that this section does not affect the ability of a
municipality to regulate a sign located on the portion of a roadway listed
in Subsection (a) that is within the corporate limits or extraterritorial
jurisdiction of the municipality in accordance with Chapter 216, Local
Government Code. 

(c) Provides that this section does not prohibit a person from erecting an
off-premise  sign permitted by other law, rule, or regulation that is
adjacent to and visible from a roadway not listed in this section and is
visible from a roadway listed under this section if the intended purpose of
the sign is to be visible only from the roadway not listed under this
section. 

Sec. 391.253.  REERECTION, RECONSTRUCTION, REPAIR, OR REBUILDING OF
OFF-PREMISE SIGNS.  (a) Authorizes an off-premise sign that is adjacent to
and visible from a highway listed in Section 391.252 that is blown down,
destroyed, taken down, or removed for a purpose other than maintenance or
to change a letter, symbol, or other matter on the sign to be reerected,
reconstructed, repaired, or rebuilt only if the cost of doing so is not
more than 60 percent of the cost of erecting a new off-premise sign of the
same size, type, and construction at the same location. 

(b) Requires the department to permit the relocation of an off-premise sign
adjacent to and visible from a highway listed in Section 391.252 to another
location that is adjacent to and visible from the same highway if certain
conditions are met. 

(c) Requires the department, for purposes of this section, to specify,
within thirty days of receipt of a request for a relocation site, a minimum
of three alternate sites that meet permitting requirements for an
off-premise sign to be reerected, reconstructed, repaired, or rebuilt
adjacent to and visible from a highway listed in Section 391.252. 

(d) Authorizes the owner of an off-premise sign that is reerected,
reconstructed, repaired, or rebuilt according to Subsection (a) or
relocated according to Subsection (b) to alter the materials and design of
the sign to reduce the number of upright supports, subject to other
restrictions in this section, in a manner that meets or exceeds the
pre-existing structural specifications of the sign. 

Sec. 391.254.  CIVIL PENALTY.  (a) Provides that a person who violates
Section 391.252 is liable to the state for a civil penalty of not less than
$500 or more than $1,000 for each violation, depending on the seriousness
of the violation.  Authorizes a separate penalty to be collected for each
day a continuing violation occurs. 

(b) Authorizes the attorney general, the district or county attorney for
the county, or the municipal attorney of the municipality in which the
violation is alleged to have occurred to bring suit to collect the penalty. 

(c) Requires a civil penalty collected by the attorney general under this
section to be deposited to the credit of the state highway fund. 

(d) Requires the attorney general, the district or county attorney for the
county, or the municipal attorney of the municipality in which a violation
is alleged to have occurred, before a suit may be brought, to give the
owner of the off-premise sign a certain written notice. 

Sec. 391.255.  APPLICABILITY OF SUBCHAPTER.  Provides that the restrictions
imposed by this subchapter are in addition to those imposed by the
remainder of this chapter. 

Sec. 391.256.  SCENIC BYWAYS PROGRAM.  Requires the department to study
current regulations affecting billboards in this state, including
vegetation control regulations, and the feasibility of adopting a scenic
byways program in accordance with 23 U.S.C. Section 162. Requires the
department to report the findings of the study to the legislature not later
than January 1, 2003.  Provides that this section expires January 2, 2003. 

SECTION 4.  Effective date: September 1, 2001.