By Bernsen, et al. S.B. No. 1128
Substitute the following for S.B. No. 1128:
By Alexander C.S.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. Subchapter H, Chapter 201, Transportation Code, is
1-6 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
2-1 section.
2-2 SECTION 2. Subchapter I, Chapter 201, Transportation Code, is
2-3 amended by adding Section 201.708 to read as follows:
2-4 Sec. 201.708. LANDSCAPING EXPENDITURES. (a) The department
2-5 shall spend not less than $6 million annually for the installation
2-6 and maintenance, for functional and aesthetic design purposes, of
2-7 highway landscape improvements, including:
2-8 (1) indigenous or adapted vegetation suitable for the
2-9 climate in which it will be located;
2-10 (2) native stone;
2-11 (3) landscape pavers;
2-12 (4) other related materials; or
2-13 (5) other items necessary to establish or support
2-14 landscape plantings.
2-15 (b) The department shall make reasonable efforts to spend
2-16 more than the amount specified in Subsection (a) for landscape
2-17 improvements.
2-18 (c) The department may not install or maintain landscape
2-19 improvements under this section that will obscure a lawfully
2-20 erected off-premise sign, as defined by Section 394.001.
2-21 (d) The department may accept gifts, grants, and
2-22 contributions from private and other sources for the purposes of
2-23 this section. The use of gifts and grants is subject only to
2-24 limitations contained in the gift or grant.
2-25 SECTION 3. The heading to Chapter 391, Transportation Code,
2-26 is amended to read as follows:
3-1 CHAPTER 391. HIGHWAY BEAUTIFICATION ON INTERSTATE AND
3-2 PRIMARY SYSTEMS AND CERTAIN ROADS
3-3 SECTION 4. Chapter 391, Transportation Code, is amended by
3-4 adding Subchapter I to read as follows:
3-5 SUBCHAPTER I. PROHIBITION OF SIGNS ON CERTAIN HIGHWAYS
3-6 Sec. 391.251. DEFINITIONS. In this subchapter:
3-7 (1) "Off-premise sign" means an outdoor sign
3-8 displaying advertising that pertains to a business, person,
3-9 organization, activity, event, place, service, or product not
3-10 principally located or primarily manufactured or sold on the
3-11 premises on which the sign is located.
3-12 (2) "Advertising" means a message seeking to attract
3-13 the public or to direct the attention of the public to any goods,
3-14 services, or merchandise.
3-15 Sec. 391.252. OFF-PREMISE SIGNS PROHIBITED. (a) Subsequent
3-16 to the effective date of this act, a person may not erect an
3-17 off-premise sign that is adjacent to and visible from:
3-18 (1) U.S. Highway 290 between the western city limits
3-19 of the city of Austin and the eastern city limits of the city of
3-20 Fredericksburg;
3-21 (2) State Highway 317 between the northern city limits
3-22 of the city of Belton to the southern city limits of the city of
3-23 Valley Mills;
3-24 (3) State Highway 16 between the northern city limits
3-25 of the city of Kerrville and Interstate Highway 20;
3-26 (4) U.S. Highway 77 between State Highway 186 and
3-27 State Highway 44;
4-1 (5) U.S. Highway 281 between State Highway 186 and
4-2 Interstate Highway 37;
4-3 (6) State Highway 17 between State Highway 118 and
4-4 U.S. Highway 90;
4-5 (7) State Highway 67 between U.S. Highway 90 and
4-6 Farm-to-Market Road 170;
4-7 (8) Farm-to-Market Road 170 between State Highway 67
4-8 and State Highway 118;
4-9 (9) State Highway 118 between Farm-to-Market Road 170
4-10 and State Highway 17;
4-11 (10) State Highway 105 between the western city limits
4-12 of the city of Sour Lake to the eastern city limits of the city of
4-13 Cleveland;
4-14 (11) State Highway 73 between the eastern city limits
4-15 of the city of Winnie to the western city limits of the city of
4-16 Port Arthur;
4-17 (12) State Highway 21 between the southern city limits
4-18 of the city of College Station and U.S. Highway 290; or
4-19 (13) a highway located in:
4-20 (A) the Sabine National Forest;
4-21 (B) the Davy Crockett National Forest; or
4-22 (C) the Sam Houston National Forest.
4-23 (b) This section shall not affect the ability of a
4-24 municipality to regulate a sign located on the portion of a roadway
4-25 listed in subsection (a) that is within the corporate limits or
4-26 extraterritorial jurisdiction of the municipality in accordance
4-27 with Chapter 216, Local Government Code.
5-1 (c) This section does not prohibit a person from erecting an
5-2 off-premise sign permitted by other law, rule, or regulation that
5-3 is adjacent to and visible from a roadway not listed in Section
5-4 391.252 if the intended purpose of the sign is to create visibility
5-5 limited to such roadway.
5-6 Sec. 391.253. REERECTION, RECONSTRUCTION, REPAIR, OR
5-7 REBUILDING OF OFF-PREMISE SIGNS. (a) An off-premise sign that is
5-8 visible from a highway listed in Section 391.252 that is blown
5-9 down, destroyed, taken down, or removed for a purpose other than
5-10 maintenance or to change a letter, symbol, or other matter on the
5-11 sign may be reerected, reconstructed, repaired, or rebuilt only if
5-12 the cost of reerecting, reconstructing, repairing, or rebuilding
5-13 the sign is not more than 60 percent of the cost of erecting a new
5-14 off-premise sign of the same size, type, and construction at the
5-15 same location.
5-16 (b) The department shall permit the relocation of an
5-17 off-premise sign adjacent to and visible from a highway listed in
5-18 Section 391.252 to another location that is adjacent to and visible
5-19 from the same highway if:
5-20 (1) the construction, reconstruction, or expansion of
5-21 a highway requires the removal of the sign;
5-22 (2) the sign is not modified to increase the
5-23 above-grade height, the area of each sign face, the dimensions of
5-24 the sign face, the number of sign faces, or the illumination of the
5-25 sign; and
5-26 (3) the department provides an alternate site for the
5-27 relocation of the sign adjacent to and visible from the highway
6-1 listed in Section 391.252.
6-2 (c) For purposes of this section, the department shall
6-3 specify, within thirty days of receipt of a request for a
6-4 relocation site, a minimum of three alternate sites for an
6-5 off-premise sign to be reerected, reconstructed, repaired, or
6-6 rebuilt adjacent to and visible from a highway listed in Section
6-7 391.252.
6-8 (d) The owner of an off-premise sign that is reerected,
6-9 reconstructed, repaired, or rebuilt according to Subsection (a) or
6-10 relocated according to Subsection (b) may alter the materials and
6-11 design of the sign to reduce the number of upright supports,
6-12 subject to other restrictions in this section, in a manner that
6-13 meets or exceeds the pre-existing structural specifications of the
6-14 sign.
6-15 Sec. 391.254. CIVIL PENALTY. (a) A person who violates
6-16 Section 391.252 is liable to the state for a civil penalty of not
6-17 less than $500 or more than $1,000 for each violation, depending on
6-18 the seriousness of the violation. A separate penalty may be
6-19 imposed for each day a continuing violation occurs.
6-20 (b) The attorney general, the district or county attorney
6-21 for the county, or the municipal attorney of the municipality in
6-22 which the violation is alleged to have occurred may bring suit to
6-23 collect the penalty.
6-24 (c) A civil penalty collected by the attorney general under
6-25 this section shall be deposited to the credit of the state highway
6-26 fund and may be used only for a purpose described by Section
6-27 201.708.
7-1 (d) Before a suit may be brought for a violation of Section
7-2 391.252, the attorney general, the district or county attorney for
7-3 the county, or the municipal attorney of the municipality in which
7-4 the violation is alleged to have occurred shall give the owner of
7-5 the off-premise sign a written notice that:
7-6 (1) describes the violation and specific location of
7-7 the sign found to be in violation;
7-8 (2) states the amount of the proposed penalty for the
7-9 violation; and
7-10 (3) gives the owner 30 days from receipt to remove the
7-11 sign and cure the violation to avoid the penalty unless the sign
7-12 owner was given notice and opportunity to cure a similar violation
7-13 within the preceding 12 months.
7-14 Sec. 391.255. SCENIC BYWAYS PROGRAM. The Texas Department of
7-15 Transportation shall study current regulations affecting billboards
7-16 in this state, including vegetation control regulations, and the
7-17 feasibility of adopting a scenic byways program in accordance with
7-18 23 U.S.C. Section 162. The department shall report the findings of
7-19 the study to the 78th Legislature not later than January 1, 2003.
7-20 Sec. 391.256. APPLICABILITY OF SUBCHAPTER. The restrictions
7-21 imposed by this subchapter are in addition to those imposed by the
7-22 remainder of this chapter.
7-23 SECTION 5. This Act takes effect September 1, 2001.