BILL ANALYSIS

C.S.S.B. 1375

                                                                                                                                          By: Staples

Transportation

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Currently, outdoor advertising ordinances differ between municipalities.  Certain municipalities have outdoor advertising ordinances that allow owners of outdoor advertising to relocate advertising in the event of a road widening or a construction project by a governmental entity, while others do not allow for any relocation. 

C.S.S.B. 1375 makes municipal outdoor advertising ordinances consistent.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 391, Transportation Code, by adding Section 391.0331, as follows:

            Sec. 391.0331.  RELOCATION BECAUSE OF HIGHWAY CONSTRUCTION.  (a)     Sets forth certain relocation conditions to which an owner of outdoor advertising is   entitled if any outdoor advertising use, structure, or permit is not continued because of             widening, construction, or reconstruction of a highway.

(b) Requires relocation under this chapter to be to a location where outdoor advertising is permitted under Section 391.031 (Acquisition of Outdoor Advertising by Commission) or other state law, commercial and industrial location requirements, or the Texas Department of Transportation (TxDOT) rules.

(c) Requires, if necessary, the county or municipality in which the use or structure is located to provide for the relocation by special exception to any applicable ordinance.

(d)  Sets forth, subject to TxDOT rule, certain conditions for the construction and location of a relocated use or structure.

(e)  Requires a governmental entity, if it prohibits the relocation of outdoor advertising as provided under this section, to pay just compensation as if it had made an acquisition by eminent domain under Section 391.033 (Acquisition of Outdoor Advertising by Commission).

SECTION 2.  Amends Section 391.034, Transportation Code, by adding Subsection (d), to authorize TxDOT to remove outdoor advertising that is erected or maintained in violation of this chapter without payment of compensation to the owner or lessee.

EFFECTIVE DATE

September 1, 2005.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute removes from SECTION 1, subsection (e) If a governmental entity prohibits the relocation of outdoor advertising as provided under this section, the governmental entity shall pay just compensation as if it had made an acquisition by eminent domain under Section 391.033.
 
In addition the substitute adds a new SECTION 3, Subchapter B, Chapter 391, Transportation Code, is amended by adding Section 391.038 dealing with the obstruction of view and readability.  If the view of outdoor advertising is obstructed 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 adjust the height or relocate the sign structure.
 
The substitute also adds SECTION 4, Subtitle H, Title 6, Transportation Code is amended by adding Chapter 398 which defines off-premise sign.  It also states that the rights of the owner of the non-conforming sign vest with that owner.