79R6382 MTB-F
By: Krusee H.B. No. 2051
A BILL TO BE ENTITLED
AN ACT
relating to the adoption of a state scenic byways program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 391, Transportation Code,
is amended by adding Section 391.038 to read as follows:
Sec. 391.038. REGULATION OF OUTDOOR ADVERTISING ON CERTAIN
HIGHWAYS. (a) Except as provided by Subsection (b), the commission
by rule shall prohibit outdoor advertising in a manner consistent
with 23 U.S.C. Section 131(s) on a State Scenic Byway designated
under Section 391.256.
(b) A rule adopted under Subsection (a) may not apply to
outdoor advertising:
(1) permitted under Section 391.031(b); or
(2) required to be relocated by an improvement to the
state highway system if the advertising was erected before the
highway was designated a State Scenic Byway under Section 391.256.
SECTION 2. Subchapter I, Chapter 391, Transportation Code,
is amended by adding Section 391.256 to read as follows:
Sec. 391.256. SCENIC BYWAYS PROGRAM. (a) The department
shall plan, design, and establish a program for designating
highways as State Scenic Byways.
(b) The program must include a process by which the
department:
(1) receives proposals from political subdivisions
for funding projects in accordance with 23 U.S.C. Section 162;
(2) applies for grants under 23 U.S.C. Section 162 for
the projects; and
(3) requires political subdivisions to pay for the
costs of the projects that are not covered by grants made under 23
U.S.C. Section 162.
(c) A highway is designated a State Scenic Byway when the
department applies for a grant under Subsection (b)(1) for a
project related to the highway.
(d) The department may use money from the state highway fund
to pay for the costs of a project that are not covered by a grant
made under 23 U.S.C. Section 162.
(e) The department shall adopt rules to implement this
section.
SECTION 3. This Act takes effect September 1, 2005.