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.