C.S.H.B. 2179 78(R)    BILL ANALYSIS


C.S.H.B. 2179
By: Truitt
Urban Affairs
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

Chapter 216 of the Local Government Code is entitled Regulation of Signs
by Municipalities and contains the procedures for the relocation,
reconstruction, and removal of signs.  Under this law a "municipal board
on sign control" is appointed by the mayor, which must meet in a public
hearing, and use a statutory formula to determine the amount of
compensation owed when an onpremise sign is removed.  The intent of this
law is to compensate an owner for an asset that is still in use at the
time a city requires its removal.   Current law fails to address the issue
of defunct businesses and the abandoned signs they leave behind.
C.S.H.B. 2179 would allow cities to order the removal of an on-premise
sign no sooner than the first anniversary of the date the business,
person, or activity that the sign identifies or advertises ceases to
operate on the premises upon which the sign or sign structure is located
without having to establish a municipal board on sign control or provide
compensation. 

RULEMAKING AUTHORITY

It is the opinion of the committee that this bill does not expressly grant
any additional rulemaking authority to a state officer, department,
agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 216.003, Local Government Code, by amending
Subsection (b) to exempt from the extant entitlement of compensation signs
and sign structures removed under Subsection (e), added below; and adds a
Subsection (e) to allow municipalities to require the removal of an
on-premise sign or sign structure, without having to provide compensation,
no sooner than the first anniversary of the date the business, person or
activity that the sign or sign structure identifies or advertises ceases
operation on the premises upon which the sign is located. In addition, the
removal of a sign under this Subsection would not require an appointment
of a municipal board on sign control under Section 216.004, Local
Government Code. 

SECTION 2.  Effective Date.

EFFECTIVE DATE:  September 1, 2003.
COMPARISON OF ORIGINAL TO SUBSTITUTE
C.S.H.B. 2179 modifies the original by adding language that exempts a
municipality from providing compensation for the removal of an on-premise
sign or a sign structure in accordance with Section 216.003(e), Local
Government Code, as added by the bill.  C.S.H.B. 2179 also differs from
the original by authorizing municipalities to require the removal of an
on-premise sign or sign structure in accordance with Section 216.003(e) no
sooner than the first anniversary of the date in which the business,
person, or activity ceases to operate on the premises upon which the sign
or sign structure is located; the original authorized removal no later
than the first anniversary.  C.S.H.B. 2179 also adds language allowing the
removal of a sign or sign structure in accordance with Section 216.003(e)
without first appointing a municipal board on sign control under Section
216.004, Local Government Code.