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78R14056 JRJ-F
By: Hilderbran H.B. No. 2207
Substitute the following for H.B. No. 2207:
By: Hilderbran C.S.H.B. No. 2207
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of outdoor advertising.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading of Section 391.033, Transportation
Code, is amended to read as follows:
Sec. 391.033. ACQUISITION OF OUTDOOR ADVERTISING [BY
COMMISSION].
SECTION 2. Section 391.033, Transportation Code, is amended
by amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) The commission may [purchase or] 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) Subject to federal and state regulations regarding
access from the state highway system, if the department, a county,
municipality, or other governmental entity, a public utility, or a
quasi-governmental entity prevents the maintenance of existing
outdoor advertising or requires that the maintenance of existing
outdoor advertising be discontinued, the entity shall pay fair
compensation. This subsection does not apply to an acquisition
made for the state highway system.
SECTION 3. Subchapter B, Chapter 391, Transportation Code,
is amended by adding Section 391.0331 to read as follows:
Sec. 391.0331. RELOCATION BECAUSE OF HIGHWAY CONSTRUCTION.
(a) 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 another location in
accordance with applicable administrative rules and policies of the
department.
(b) Subject to federal and state regulations, any
governmental entity, quasi-governmental entity, or public utility
that acquires outdoor advertising by eminent domain or causes the
need for the outdoor advertising to be relocated under this section
shall pay the costs related to the acquisition or relocation.
(c) If a governmental entity prohibits the relocation of
outdoor advertising as provided under this section, the
governmental entity shall pay fair compensation.
SECTION 4. Section 391.034, Transportation Code, is amended
by adding Subsection (d) to read as follows:
(d) The department may remove outdoor advertising that is
erected in violation of this chapter without payment of
compensation to the owner or lessee.
SECTION 5. Subchapter B, Chapter 391, Transportation Code,
is amended by adding Section 391.038 to read as follows:
Sec. 391.038. OBSTRUCTION OF VIEW AND READABILITY. (a) If
the view and readability of outdoor advertising is obstructed in a
manner that causes the advertising to no longer function as an
effective method of advertisement due to a noise abatement or
safety measure, a grade change, construction, an aesthetic
improvement made by an agency of this state, a directional sign, or
widening along a highway, the owner of the sign may, subject to
department rule:
(1) adjust the height of the sign; or
(2) relocate the sign to a location within 500 feet of
its previous location.
(b) A county or municipality in which the outdoor
advertising is located shall, if necessary, provide for the height
adjustment or relocation by a special exception to any applicable
zoning ordinance.
(c) Subject to department rule, the adjusted or relocated
outdoor advertising may be erected to a height and angle to make it
clearly visible to traffic on the main-traveled way of the highway
and must be the same size as the previous sign.
SECTION 6. Section 391.181(a), Transportation Code, is
amended to read as follows:
(a) The commission may acquire by gift, purchase,
agreement, exchange, or condemnation any right or property interest
that it considers necessary or convenient to implement this
chapter.
SECTION 7. This Act takes effect September 1, 2003.