SRC-VRA C.S.S.B. 1085 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1085
78R14788 JRJ-FBy: Madla
Intergovernmental Relations
5/6/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, sign ordinances differ from municipality to municipality.
Certain municipalities have bill board ordinances that allow sign
companies to relocate bill boards in the event of a road widening or a
construction project by a governmental entity.  C.S.S.B. 1085 makes
municipal sign ordinances consistent. 

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 Section 391.033, Transportation Code, by amending
Subsection (a) and adding Subsections (c), (d), and (e), as follows: 

(a)  Authorizes the Texas Transportation Commission (TTC) to acquire by
gift, purchase, agreement, exchange, or eminent domain outdoor advertising
that is lawfully in existence on a highway in the interstate or primary
system. 
 
(c)  Provides that for purposes of this chapter, just compensation
includes damages to remaining property, contiguous and noncontiguous,
included in the interest of the owner of the outdoor advertising, that
together with the property actually acquired by eminent domain constituted
an economic unit. 
 
(d)  Prohibits TTC, except as provided by this chapter, from requiring the
removal or the relocation of outdoor advertising or that maintenance of
outdoor advertising be discontinued unless at the time of removal,
relocation, or discontinuance certain factors are met. 

SECTION 2.  Amends Section 391.034, Transportation Code, by adding
Subsection (d),  to authorize the Texas Department of Transportation
(TxDOT) to remove outdoor advertising that is erected or maintained in
violation of this chapter without payment of compensation to the owner or
lessee. 

SECTION 3.  Amends Subchapter C, Chapter 391, Transportation Code, by
adding Section 391.0651, as follows: 

Sec.  391.0651.  NOTICE OF AMENDED AND PROPOSED RULES.  Requires TTC to
give written notice within a reasonable time to all outdoor advertising
license and permit holders of any change or proposed change in rules
adopted under this chapter.  Requires the notice to be given not later
than 60 days before the effective date of the change. 

SECTION 4.  Amends Section 391.181(a), Transportation Code, to add
"agreement" to the list of methods by which TTC is permitted to acquire
any right or property interest to implement this chapter. 

SECTION 5.  Amends Subtitle H, Title 6, Transportation Code, by adding
Chapter 398, as  follows: 

CHAPTER 398.  REGULATION OF OUTDOOR ADVERTISING GENERALLY BY
GOVERNMENTAL ENTITIES

 Sec.  398.001.  DEFINITION.  Defines "outdoor advertising."

Sec.  398.002.  PROHIBITION OF OUTDOOR ADVERTISING.  Prohibits a
governmental entity from prohibiting new outdoor advertising outside the
jurisdiction or extraterritorial jurisdiction of a municipality.   

Sec.  398.003.  INTERFERENCE WITH MAINTENANCE OF OUTDOOR ADVERTISING.  (a)
Requires the entity, if TxDOT, a county, municipality, or other
governmental entity, or a quasi-governmental entity prevents the
maintenance of existing outdoor advertising or requires that the
maintenance of existing outdoor advertising be discontinued, to pay just
compensation as if it had made an acquisition by eminent domain.  

(b)  Provides that for purposes of this chapter, just compensation
includes damages to remaining property, contiguous and noncontiguous,
included in the interest of the owner of the outdoor advertising, that
together with the property actually acquired by eminent domain constituted
an economic unit. 

Sec.  398.004.  ACQUISITION OF PROPERTY THROUGH VOLUNTARY TRANSACTION.
Authorizes a governmental entity that acquires property by gift, purchase,
agreement, or exchange to require that lawfully erected outdoor
advertising located on the property be altered or removed from the
property without the payment of just compensation. 

Sec.  398.005.  RELOCATION BECAUSE OF HIGHWAY CONSTRUCTION.  (a) Provides
that if any outdoor advertising use, structure, or permit may not be
continued because of widening, construction, or reconstruction of a
highway, the owner of the outdoor advertising is entitled to relocate the
use, structure, or permit to certain locations.  

(b)  Requires relocation under this section to be in accordance with
applicable spacing requirements under this subtitle and to be to a
location where outdoor advertising is permitted under Section 391.031. 

(c)  Requires the county or municipality in which the use or structure is
located, if necessary, to provide for the relocation by a special
exception to any applicable zoning ordinance.    

  (d)  Authorizes the relocated structure to meet certain conditions.

(e)  Requires any governmental entity or quasi-governmental entity that
acquires outdoor advertising by eminent domain or causes the need for the
outdoor advertising to be relocated under this section to pay the costs
related to the acquisition or relocation.   

(f)  Requires the governmental entity, if a governmental entity by
regulation prohibits the relocation of outdoor advertising as provided
under this section, to pay just compensation as provided in Section
398.003.   

Sec. 398.006.  OBSTRUCTION OF VIEW AND READABILITY.  (a) Authorizes the
owner of the sign, if the view and readability of outdoor advertising is
obstructed due to a noise abatement or safety measure, a grade change,
construction, vegetation, an aesthetic improvement made by an agency of
this state, a directional sign, or widening along a highway, to perform
certain tasks. 
  
 (b)  Requires a county or municipality in which the outdoor advertising
is located, if necessary, to provide for the height adjustment or
relocation by a special exception to any applicable zoning ordinance. 
 
(c) Authorizes the adjusted or relocated outdoor advertising,
notwithstanding any height requirements established under this subtitle,
to be erected to a height and angle to make it clearly visible to traffic
on the main-traveled way of the highway and requires it to be the same
size as the previous sign. 

Sec. 398.007.  NOTICE OF AMENDED AND PROPOSED RULES.  (a)  Requires a
governmental entity to give written notice within a reasonable time to all
outdoor advertising license and permit holders within its jurisdiction of
any change or proposed change to the outdoor or off-premise advertising
provisions of its zoning provisions, codes, or ordinances.  Requires the
notice to be given not later than 60 days before the effective date of the
change. 
 
(b) Requires a governmental entity to give written notice to all property
owners along any highway or portion of a highway before adopting a
prohibition of new outdoor advertising affecting that highway or portion
of highway.  Requires the notice to be given not later than 60 days before
the effective date of the change. 

Sec.  398.008.  EFFECT ON CERTAIN PLANS FOR COMPENSATION.  Provides that
this chapter does not affect a municipal amortization plan to compensate a
sign owner authorized by Section 6, Article 1, Chapter 221, Acts of the
68th Legislature, Regular Session, 1985. 

SECTION 6.  Effective date:  September 1, 2003.