S.B. No. 656
AN ACT
relating to the removal of certain on-premise signs in a
municipality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 216.003, Local Government Code, is
amended by amending Subsection (b) and adding Subsections (e) and
(f) to read as follows:
(b) Except as provided by Subsection (e), the [The] owner of
a sign that is required to be relocated, reconstructed, or removed
is entitled to be compensated by the municipality for costs
associated with the relocation, reconstruction, or removal.
(e) A municipality that exercises authority under this
subchapter may, without paying compensation as provided by this
subchapter, require the removal of an on-premise sign or sign
structure not sooner than the first anniversary of the date the
business, person, or activity that the sign or sign structure
identifies or advertises ceases to operate on the premises on which
the sign or sign structure is located. If the premises containing
the sign or sign structure is leased, a municipality may not require
removal under this subsection sooner than the second anniversary
after the date the most recent tenant ceases to operate on the
premises. The removal of a sign or sign structure as described by
this subsection does not require the appointment of a board under
Section 216.004.
(f) A municipality acting under Subsection (e) may agree
with the owner of the sign or sign structure to remove only a
portion of the sign or sign structure.
SECTION 2. Subsection (b), Section 216.010, Local
Government Code, is amended to read as follows:
(b) If any [a] sign is required to be relocated or
reconstructed, or an on-premise sign is required to be removed, the
municipality, acting pursuant to the Property Redevelopment and Tax
Abatement Act (Chapter 312, Tax Code), may abate municipal property
taxes that otherwise would be owed by the owner of the sign. The
abated taxes may be on any real or personal property owned by the
owner of the sign except residential property. The right to the
abatement of taxes is assignable by the holder, and the assignee may
use the right to abatement with respect to taxes on any
nonresidential property in the same taxing jurisdiction. In a
municipality where tax abatement is used to pay compensable costs,
the costs include reasonable interest and the abatement period may
not exceed five years.
SECTION 3. This Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 656 passed the Senate on
April 8, 2003, by a viva-voce vote; and that the Senate concurred
in House amendment on May 20, 2003, by a viva-voce vote.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 656 passed the House, with
amendment, on May 16, 2003, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor