By:  Bernsen, et al.                                  S.B. No. 1128
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to landscaping and billboards along highways; imposing a
 1-3     civil penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 216.001, Local Government Code, is
 1-6     amended by adding Subsection (d) to read as follows:
 1-7           (d)  This subchapter does not allow the relocation or
 1-8     reconstruction of a billboard in violation of Subchapter I, Chapter
 1-9     391, Transportation Code.
1-10           SECTION 2.  Subchapter H, Chapter 201, Transportation Code,
1-11     is amended by adding Section 201.614 to read as follows:
1-12           Sec. 201.614.  DESIGN CONSIDERATIONS.  (a)  The department
1-13     shall consider the following factors when developing transportation
1-14     projects that involve the construction, reconstruction,
1-15     rehabilitation, or resurfacing of a highway, other than a
1-16     maintenance resurfacing project:
1-17                 (1)  the extent to which the project promotes safety;
1-18                 (2)  the durability of the project;
1-19                 (3)  the economy of maintenance of the project;
1-20                 (4)  the impact of the project on:
1-21                       (A)  the natural and artificial environment;
1-22                       (B)  the scenic and aesthetic character of the
1-23     area in which the project is located;
1-24                       (C)  preservation efforts; and
1-25                       (D)  each affected local community and its
 2-1     economy; and
 2-2                 (5)  the access for other modes of transportation,
 2-3     including those that promote physically active communities.
 2-4           (b)  The commission shall adopt rules to implement this
 2-5     section.
 2-6           SECTION 3.  Subchapter I, Chapter 201, Transportation Code,
 2-7     is amended by adding Section 201.708 to read as follows:
 2-8           Sec. 201.708.  LANDSCAPING EXPENDITURES.  (a)  The department
 2-9     shall spend not less than $6 million annually for the installation
2-10     and maintenance, for functional and aesthetic design purposes, of
2-11     highway landscape improvements, including:
2-12                 (1)  indigenous or adapted vegetation suitable for the
2-13     climate in which it will be located;
2-14                 (2)  native stone;
2-15                 (3)  landscape pavers;
2-16                 (4)  other related materials; or
2-17                 (5)  other items necessary to establish or support
2-18     landscape plantings.
2-19           (b)  The department shall make reasonable efforts to spend
2-20     more than the amount specified in Subsection (a) for landscape
2-21     improvements.
2-22           (c)  The department may not install landscape improvements
2-23     under this section that will obscure a lawfully erected off-premise
2-24     sign, as defined by Section 394.001.
2-25           (d)  The department may accept gifts, grants, and
2-26     contributions from private and other sources for the purposes of
 3-1     this section.  The use of gifts and grants is subject only to
 3-2     limitations contained in the gift or grant.
 3-3           SECTION 4.  The heading to Chapter 391, Transportation Code,
 3-4     is amended to read as follows:
 3-5       CHAPTER 391.  HIGHWAY BEAUTIFICATION ON INTERSTATE AND PRIMARY
 3-6                          SYSTEMS AND CERTAIN ROADS
 3-7           SECTION 5.  Chapter 391, Transportation Code, is amended by
 3-8     adding Subchapter I to read as follows:
 3-9           SUBCHAPTER I.  PROHIBITION OF SIGNS ON CERTAIN HIGHWAYS
3-10           Sec. 391.251.  DEFINITIONS.  In this subchapter:
3-11                 (1)  "Off-premise sign" means an outdoor sign
3-12     displaying advertising that pertains to a business, person,
3-13     organization, activity, event, place, service, or product not
3-14     principally located or primarily manufactured or sold on the
3-15     premises on which the sign is located.
3-16                 (2)  "Advertising" means a message seeking to attract
3-17     the public or to direct the attention of the public to any goods,
3-18     services, or merchandise.
3-19           Sec. 391.252.  OFF-PREMISE SIGNS PROHIBITED.  A person may
3-20     not erect an off-premise sign that is visible from:
3-21                 (1)  U.S. Highway 290 between the western city limits
3-22     of the city of Austin and the eastern city limits of the city of
3-23     Fredericksburg;
3-24                 (2)  State Highway 317 between the northern city limits
3-25     of the city of Belton to the southern city limits of the city of
3-26     Valley Mills;
 4-1                 (3)  State Highway 16 between the northern city limits
 4-2     of the city of Kerrville and Interstate Highway 20;
 4-3                 (4)  U.S. Highway 77 between State Highway 186 and
 4-4     State Highway 44;
 4-5                 (5)  U.S. Highway 281 between State Highway 186 and
 4-6     Interstate Highway 37;
 4-7                 (6)  State Highway 17 between State Highway 118 and
 4-8     U.S. Highway 90;
 4-9                 (7)  State Highway 67 between U.S. Highway 90 and
4-10     Farm-to-Market Road 170;
4-11                 (8)  Farm-to-Market Road 170 between State Highway 67
4-12     and State Highway 118;
4-13                 (9)  State Highway 118 between Farm-to-Market Road 170
4-14     and State Highway 17;
4-15                 (10)  State Highway 105 between the western city limits
4-16     of the city of Sour Lake to the eastern city limits of the city of
4-17     Cleveland;
4-18                 (11)  State Highway 73 between the eastern city limits
4-19     of the city of Winnie to the western city limits of the city of
4-20     Port Arthur;
4-21                 (12)  State Highway 21 between the southern city limits
4-22     of the city of College Station and U.S. Highway 290; or
4-23                 (13)  a highway located in:
4-24                       (A)  the Sabine National Forest;
4-25                       (B)  the Davy Crockett National Forest; or
4-26                       (C)  the Sam Houston National Forest.
 5-1           Sec. 391.253.  REERECTION, RECONSTRUCTION, REPAIR, OR
 5-2     REBUILDING OF OFF-PREMISE SIGNS.  (a)  An off-premise sign that is
 5-3     visible from a highway listed in Section 391.252 that is blown
 5-4     down, destroyed, taken down, or removed for a purpose other than
 5-5     maintenance or to change a letter, symbol, or other matter on the
 5-6     sign may be reerected, reconstructed, repaired, or rebuilt only if
 5-7     the cost of reerecting, reconstructing, repairing, or rebuilding
 5-8     the sign is not more than 60 percent of the cost of erecting a new
 5-9     off-premise sign of the same size, type, and construction at the
5-10     same location.
5-11           (b)  The department by rule may permit the relocation of an
5-12     off-premise sign visible from a highway listed in Section 391.252
5-13     to another location that is visible from the same highway if:
5-14                 (1)  the construction, reconstruction, or expansion of
5-15     a highway requires the removal of the sign;
5-16                 (2)  the sign is not modified to increase the
5-17     above-grade height, the area of each sign face, the dimensions of
5-18     the sign face, the number of sign faces, or the illumination of the
5-19     sign; and
5-20                 (3)  the department approves the relocation of the
5-21     sign.
5-22           Sec. 391.254.  CIVIL PENALTY.  (a)  A person who violates
5-23     Section 391.252 is liable to the state for a civil penalty of not
5-24     less than $500 or more than $1,000 for each violation, depending on
5-25     the seriousness of the violation.  A separate penalty may be
5-26     imposed for each day a continuing violation occurs.
 6-1           (b)  The attorney general, the district or county attorney
 6-2     for the county, or the municipal attorney of the municipality in
 6-3     which the violation is alleged to have occurred may bring suit to
 6-4     collect the penalty.
 6-5           (c)  A civil penalty collected by the attorney general under
 6-6     this section shall be deposited to the credit of the state highway
 6-7     fund and may be used only for a purpose described by Section
 6-8     201.708.
 6-9           SECTION 6.  This Act takes effect September 1, 2001.