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.