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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