By: Keel, et al. (Senate Sponsor - Wentworth) H.B. No. 212
(In the Senate - Received from the House March 19, 2003;
March 26, 2003, read first time and referred to Committee on
Intergovernmental Relations; May 22, 2003, reported adversely,
with favorable Committee Substitute by the following vote: Yeas 4,
Nays 0; May 22, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 212 By: Wentworth
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 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; 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.
(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.
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