78R1526 DRH-D


By:  Keel, Baxter, Stick, Naishtat, Dukes,                        H.B. No. 212
 
    et al.                                                                   

A BILL TO BE ENTITLED
AN ACT
relating to the regulation of political signs by a municipality. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter Z, Chapter 216, Local Government Code, is amended by adding Section 216.903 to read as follows: Sec. 216.903. REGULATION OF POLITICAL SIGNS BY MUNICIPALITY. (a) 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) 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: (1) prohibit the sign from being placed; (2) require a permit or approval of the municipality or impose a fee for the sign to be placed; or (3) restrict the size of the sign to a size smaller than that permitted for other signs under the provision or ordinance. (c) 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. This Act takes effect September 1, 2003.