SRC-VRA H.B. 212 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 212
78R1526 DRH-DBy: Keel, et al.(Wentworth)
Intergovernmental Relations
4/7/2003
Engrossed


DIGEST AND PURPOSE 

Currently, a municipality may regulate signs of a political nature placed
on private property.  As proposed, H.B. 212 restricts the ability of a
municipality to regulate signs of a political nature placed on private
property 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 216Z, Local Government Code, by adding Section
216.903, as follows: 

Sec.  216.903.  REGULATION OF POLITICAL SIGNS BY MUNICIPALITY.  (a)
Provides that in this section, "private real property" does not include
real property subject to an easement or other encumbrance that allows a
municipality to use the property for a public purpose. 

(b)  Provides that a municipal charter provision or ordinance that
regulates signs may not, for a sign that contains primarily a political
message and that is located on private real property impose certain
requirements.  

(c)  Provides that Subsection (b) does not apply to a sign, including a
billboard, that contains primarily a political message on a temporary
basis and that is generally available for rent or purchase to carry
commercial advertising or other messages that are not primarily political. 

SECTION 2.  Effective date:  September 1, 2003.