1-1 AN ACT
1-2 relating to billboards and scenery along highways; imposing a civil
1-3 penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter H, Chapter 201, Transportation Code,
1-6 is amended by adding Section 201.614 to read as follows:
1-7 Sec. 201.614. DESIGN CONSIDERATIONS. (a) The department
1-8 shall consider the following factors when developing transportation
1-9 projects that involve the construction, reconstruction,
1-10 rehabilitation, or resurfacing of a highway, other than a
1-11 maintenance resurfacing project:
1-12 (1) the extent to which the project promotes safety;
1-13 (2) the durability of the project;
1-14 (3) the economy of maintenance of the project;
1-15 (4) the impact of the project on:
1-16 (A) the natural and artificial environment;
1-17 (B) the scenic and aesthetic character of the
1-18 area in which the project is located;
1-19 (C) preservation efforts; and
1-20 (D) each affected local community and its
1-21 economy; and
1-22 (5) the access for other modes of transportation,
1-23 including those that promote physically active communities.
1-24 (b) The commission shall adopt rules to implement this
1-25 section.
2-1 SECTION 2. The heading to Chapter 391, Transportation Code,
2-2 is amended to read as follows:
2-3 CHAPTER 391. HIGHWAY BEAUTIFICATION ON INTERSTATE
2-4 AND PRIMARY SYSTEMS AND CERTAIN ROADS
2-5 SECTION 3. Chapter 391, Transportation Code, is amended by
2-6 adding Subchapter I to read as follows:
2-7 SUBCHAPTER I. PROHIBITION OF SIGNS ON CERTAIN HIGHWAYS
2-8 Sec. 391.251. DEFINITIONS. In this subchapter:
2-9 (1) "Off-premise sign" means an outdoor sign
2-10 displaying advertising that pertains to a business, person,
2-11 organization, activity, event, place, service, or product not
2-12 principally located or primarily manufactured or sold on the
2-13 premises on which the sign is located.
2-14 (2) "Advertising" means a message seeking to attract
2-15 the public or to direct the attention of the public to any goods,
2-16 services, or merchandise.
2-17 Sec. 391.252. OFF-PREMISE SIGNS PROHIBITED. (a) Subsequent
2-18 to the effective date of this subchapter, a person may not erect an
2-19 off-premise sign that is adjacent to and visible from:
2-20 (1) U.S. Highway 290 between the western city limits
2-21 of the city of Austin and the eastern city limits of the city of
2-22 Fredericksburg;
2-23 (2) State Highway 317 between the northern city limits
2-24 of the city of Belton to the southern city limits of the city of
2-25 Valley Mills;
2-26 (3) State Highway 16 between the northern city limits
3-1 of the city of Kerrville and Interstate Highway 20;
3-2 (4) U.S. Highway 77 between State Highway 186 and
3-3 State Highway 44;
3-4 (5) U.S. Highway 281 between State Highway 186 and
3-5 Interstate Highway 37;
3-6 (6) State Highway 17 between State Highway 118 and
3-7 U.S. Highway 90;
3-8 (7) State Highway 67 between U.S. Highway 90 and
3-9 Farm-to-Market Road 170;
3-10 (8) Farm-to-Market Road 170 between State Highway 67
3-11 and State Highway 118;
3-12 (9) State Highway 118 between Farm-to-Market Road 170
3-13 and State Highway 17;
3-14 (10) State Highway 105 between the western city limits
3-15 of the city of Sour Lake to the eastern city limits of the city of
3-16 Cleveland;
3-17 (11) State Highway 73 between the eastern city limits
3-18 of the city of Winnie to the western city limits of the city of
3-19 Port Arthur;
3-20 (12) State Highway 21 between the southern city limits
3-21 of the city of College Station and U.S. Highway 290; or
3-22 (13) a highway located in:
3-23 (A) the Sabine National Forest;
3-24 (B) the Davy Crockett National Forest; or
3-25 (C) the Sam Houston National Forest.
3-26 (b) This section does not affect the ability of a
4-1 municipality to regulate a sign located on the portion of a roadway
4-2 listed in Subsection (a) that is within the corporate limits or
4-3 extraterritorial jurisdiction of the municipality in accordance
4-4 with Chapter 216, Local Government Code.
4-5 (c) This section does not prohibit a person from erecting an
4-6 off-premise sign permitted by other law, rule, or regulation that
4-7 is adjacent to and visible from a roadway not listed in this
4-8 section and is visible from a roadway listed under this section if
4-9 the intended purpose of the sign is to be visible only from the
4-10 roadway not listed under this section.
4-11 Sec. 391.253. REERECTION, RECONSTRUCTION, REPAIR, OR
4-12 REBUILDING OF OFF-PREMISE SIGNS. (a) An off-premise sign that is
4-13 adjacent to and visible from a highway listed in Section 391.252
4-14 that is blown down, destroyed, taken down, or removed for a purpose
4-15 other than maintenance or to change a letter, symbol, or other
4-16 matter on the sign may be reerected, reconstructed, repaired, or
4-17 rebuilt only if the cost of reerecting, reconstructing, repairing,
4-18 or rebuilding the sign is not more than 60 percent of the cost of
4-19 erecting a new off-premise sign of the same size, type, and
4-20 construction at the same location.
4-21 (b) The department shall permit the relocation of an
4-22 off-premise sign adjacent to and visible from a highway listed in
4-23 Section 391.252 to another location that is adjacent to and visible
4-24 from the same highway if:
4-25 (1) the construction, reconstruction, or expansion of
4-26 a highway requires the removal of the sign;
5-1 (2) the sign is not modified to increase the
5-2 above-grade height, the area of each sign face, the dimensions of
5-3 the sign face, the number of sign faces, or the illumination of the
5-4 sign; and
5-5 (3) the department identifies an alternate site for
5-6 the relocation of the sign adjacent to and visible from the highway
5-7 listed in Section 391.252.
5-8 (c) For purposes of this section, the department shall
5-9 specify, within 30 days of receipt of a request for a relocation
5-10 site, a minimum of three alternate sites that meet permitting
5-11 requirements for an off-premise sign to be reerected,
5-12 reconstructed, repaired, or rebuilt adjacent to and visible from a
5-13 highway listed in Section 391.252.
5-14 (d) The owner of an off-premise sign that is reerected,
5-15 reconstructed, repaired, or rebuilt according to Subsection (a) or
5-16 relocated according to Subsection (b) may alter the materials and
5-17 design of the sign to reduce the number of upright supports,
5-18 subject to other restrictions in this section, in a manner that
5-19 meets or exceeds the pre-existing structural specifications of the
5-20 sign.
5-21 Sec. 391.254. CIVIL PENALTY. (a) A person who violates
5-22 Section 391.252 is liable to the state for a civil penalty of not
5-23 less than $500 or more than $1,000 for each violation, depending on
5-24 the seriousness of the violation. A separate penalty may be
5-25 imposed for each day a continuing violation occurs.
5-26 (b) The attorney general, the district or county attorney
6-1 for the county, or the municipal attorney of the municipality in
6-2 which the violation is alleged to have occurred may bring suit to
6-3 collect the penalty.
6-4 (c) A civil penalty collected by the attorney general under
6-5 this section shall be deposited to the credit of the state highway
6-6 fund.
6-7 (d) Before a suit may be brought for a violation of Section
6-8 391.252, the attorney general, the district or county attorney for
6-9 the county, or the municipal attorney of the municipality in which
6-10 the violation is alleged to have occurred shall give the owner of
6-11 the off-premise sign a written notice that:
6-12 (1) describes the violation and specific location of
6-13 the sign found to be in violation;
6-14 (2) states the amount of the proposed penalty for the
6-15 violation; and
6-16 (3) gives the owner 30 days from receipt to remove the
6-17 sign and cure the violation to avoid the penalty unless the sign
6-18 owner was given notice and opportunity to cure a similar violation
6-19 within the preceding 12 months.
6-20 Sec. 391.255. APPLICABILITY OF SUBCHAPTER. The restrictions
6-21 imposed by this subchapter are in addition to those imposed by the
6-22 remainder of this chapter.
6-23 Sec. 391.256. SCENIC BYWAYS PROGRAM. The department shall
6-24 study current regulations affecting billboards in this state,
6-25 including vegetation control regulations, and the feasibility of
6-26 adopting a scenic byways program in accordance with 23 U.S.C.
S.B. No. 1128
7-1 Section 162. The department shall report the findings of the study
7-2 to the legislature not later than January 1, 2003. This section
7-3 expires January 2, 2003.
7-4 SECTION 4. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1128 passed the Senate on
May 15, 2001, by a viva-voce vote; May 25, 2001, Senate refused to
concur in House amendment and requested appointment of Conference
Committee; May 25, 2001, House granted request of the Senate;
May 27, 2001, Senate adopted Conference Committee Report by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1128 passed the House, with
amendment, on May 23, 2001, by a non-record vote; May 25, 2001,
House granted request of the Senate for appointment of Conference
Committee; May 27, 2001, House adopted Conference Committee Report
by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor