H.B. No. 212




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 with 
the consent of the property owner:
		(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;
		(3)  restrict the size of the sign; or                                 
		(4)  provide for a charge for the removal of a political 
sign that is greater than the charge for removal of other signs 
regulated by 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.
	(d)  Subsection (b) does not apply to a sign that:                      
		(1)  has an effective area greater than 36 feet;                       
		(2)  is more than eight feet high;                                     
		(3)  is illuminated; or                                                
		(4)  has any moving elements.                                          
	SECTION 2.  This Act takes effect September 1, 2003.                           




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 212 was passed by the House on March 
18, 2003, by a non-record vote; and that the House concurred in 
Senate amendments to H.B. No. 212 on May 28, 2003, by a non-record 
vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	
I certify that H.B. No. 212 was passed by the Senate, with 
amendments, on May 26, 2003, by a viva-voce vote.

                                                  ______________________________
                                                      Secretary of the Senate   



APPROVED: __________________                                                
 
                Date                                                         




 
         __________________                                              
 
              Governor