By: Madla S.B. No. 84
(In the Senate - Filed July 13, 2005; July 13, 2005, read
first time and referred to Committee on Intergovernmental
Relations; July 14, 2005, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
July 14, 2005, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 84 By: Deuell
A BILL TO BE ENTITLED
AN ACT
relating to highway signs for certain businesses related to
agriculture.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 391, Transportation Code,
is amended by adding Section 391.097 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 agriculture 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 or produces wine or other
finished agricultural products on the grounds or facilities toured
as required by Paragraph (D);
(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 department shall contract with an individual, firm,
group, or association to erect and maintain agricultural interest
signs.
(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;
(2) remittance to the department of 10 percent of the
fees collected by the contractor; and
(3) regulation of the content, composition,
placement, erection, and maintenance of major agricultural
interest signs and supports on eligible rural highway
rights-of-way.
(d) To be eligible to have its name displayed on a major
agricultural interest sign, a major agricultural interest must:
(1) be located within five miles of an intersection
with an eligible rural highway; and
(2) provide additional directional signs at each
intersecting road that requires a turn if the major agricultural
interest is located two or more turns off of an eligible rural
highway.
(e) A major agricultural interest sign must:
(1) have a blue 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.
(f) The commission shall adopt rules necessary to
administer and enforce this section.
(g) This section expires December 31, 2006.
SECTION 2. Subdivisions (1) and (3), Subsection (a),
Section 391.099, Transportation Code, as added by Section 9, S.B.
No. 1137, Acts of the 79th Legislature, Regular Session, 2005, are
amended to read as follows:
(1) "Eligible facility" means a winery or a business
related to agriculture [or tourism], including a farm or[,] ranch,
[or other tourist activity,] that:
(A) derives a major portion of its income or
visitors during the normal business season from highway users not
residing in the area of the facility;
(B) complies with state and federal laws relating
to:
(i) provision of public accommodation
without regard to race, religion, color, age, sex, or national
origin; and
(ii) licensing and approval of service
facilities; and
(C) is located within the mile limitations
established under the Texas Manual on Uniform Traffic Control
Devices and the Manual on Uniform Traffic Control Devices issued by
the United States Department of Transportation, Federal Highway
Administration.
(3) "Tourist-oriented directional sign" means a sign
that identifies a particular winery or business related to
agriculture [or tourism], including a farm or[,] ranch, [or other
tourist activity,] and identifies the type or nature of the winery
or business by use of an icon, symbol, or other identifying device.
SECTION 3. Notwithstanding the expiration of Section
391.097, Transportation Code, as added by this Act, on December 31,
2006, the contractor or commercial establishment of a major
agricultural interest may continue to maintain a major agricultural
interest sign erected under that section before that date, if the
contractor or commercial establishment maintains standards
established by the Texas Department of Transportation for highway
signs.
SECTION 4. This Act takes effect November 1, 2005.
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