By:  Phillips                                                     H.B. No. 2899



A BILL TO BE ENTITLED

AN ACT

relating to the authority of the Texas Department of Transportation 
to contract for the erection and maintenance of logo, major 
shopping area, and agricultural signs.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 391.091, Transportation Code, is amended 
to read as follows:
	Sec. 391.091.  ERECTION AND MAINTENANCE OF SIGNS.  (a)  The 
department [commission] shall contract with an individual, firm, 
group, or association in this state to erect and maintain specific 
information logo signs, major shopping area guide signs, and major 
agricultural interest signs at appropriate locations along an 
eligible highway.
	(b)  The department may enter these contracts by the method 
that provides the best value for the state, including competitive 
bids, competitive sealed proposals, and open market contracts.
	(c)  In determining the best value for the state, the 
department may consider:
		(1)  revenue provided to the department by the 
contractor;           
		(2)  fees to be charged eligible businesses or 
agricultural interests for inclusion in specific information logo 
signs and agricultural interest signs;
		(3)  the quality of services offered;                                  
		(4)  the contractor's past relationship with the 
department;         
		(5)  the contractor's reputation;                                      
		(6)  the contractor's financial resources and ability 
to perform; and
		(7)  any other factors deemed relevant by the 
department.            
	(d)  To the extent of any conflict, this section prevails 
over any other law relating to the purchasing of goods and services.  
Subtitle D, Title 10, Government Code, and Chapter 223 do not apply 
to purchases of goods and services under this section.
	(e)  A claim arising from a contract entered under this 
section shall be governed by Section 201.112.
	SECTION 2.  Section 391.097, Transportation Code, is amended 
to read as follows:
	Sec. 391.097.  MAJOR AGRICULTURAL INTEREST SIGN.  (a)  In 
this section:      
		(1)  "Eligible rural highway" means a highway that:                           
			(A)  has noncontrolled access; and                                           
			(B)  is outside the corporate limits of a 
municipality.                    
		(2)  "Major agricultural interest" means a farm, ranch, 
winery, nursery, greenhouse, or other facility that:
			(A)  sows or cultivates an agricultural product;                             
			(B)  devotes a minimum of five acres of land to the 
production of the agricultural product;
			(C)  markets the product on the premises as a 
retail sale of the product; and
			(D)  conducts public tours of the grounds or 
facilities.                   
	[(b)  The commission shall enter into one or more contracts 
with an individual, firm, group, or association in this state to 
erect and maintain major agricultural interest signs at appropriate 
locations along eligible rural highways.]
	[(c)  A contract under this section shall provide for:]       
		[(1)  the assessment of fees to be paid to a contractor 
by a commercial establishment of a major agricultural interest; 
and]
		[(2)  remittance to the department of a portion of the 
fees collected by the contractor in an amount sufficient to recover 
the department's costs of administering the program.]
	(b) [(d)]  To be eligible to have its name displayed on a 
major agricultural interest sign, a major agricultural interest 
must be located within five miles of an intersection with an 
eligible rural highway.
	(c) [(e)]  A major agricultural interest sign must:    
		(1)  have a brown background with a white reflective 
legend and border;     
		(2)  not contain a corporate or trademark symbol; and                         
		(3)  not contain a message, symbol, or trademark that 
resembles an official traffic control device.
	(d) [(f)]  The commission shall:                       
		(1)  regulate the content, composition, placement, 
erection, and maintenance of major agricultural interest signs and 
supports on an eligible rural highway right-of-way; and
		(2)  adopt rules necessary to administer and enforce 
this section.          
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.