79R8175 MTB-D

By:  Phillips                                                     H.B. No. 2135



A BILL TO BE ENTITLED

AN ACT

relating to the creation of a tourist-oriented directional sign 
program.    
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 391, Transportation Code, 
is amended by adding Section 391.099 to read as follows:
	Sec. 391.099.  TOURIST-ORIENTED DIRECTIONAL SIGN PROGRAM.  
(a)  In this section:
		(1)  "Eligible facility" means a winery, business, 
service, or activity facility, including a farm, ranch, or other 
tourist activity, that:
			(A)  derives a 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 10 miles of an intersection 
with an eligible highway.
		(2)  "Eligible highway" means a highway that has 
noncontrolled access and:
			(A)  is outside the corporate limits of a 
municipality; or          
			(B)  is located within the corporate limits of a 
municipality if the governing body of the municipality approves the 
participation of the municipality in the program created under this 
section.
		(3)  "Tourist-oriented directional sign" means a sign 
that identifies a particular winery, business, service, or activity 
and identifies the type or nature of the winery, business,  service, 
or activity available by use of an icon, symbol, or other 
identifying device.
		(4)  "Trailblazing" means placing multiple signs along 
a route or routes directing the public to a specific location.
	(b)  The commission shall administer the tourist-oriented 
directional sign program created under this section to erect and 
maintain tourist-oriented directional signs on eligible highways.
	(c)  Except as provided by Subsection (f), the commission 
shall:      
		(1)  regulate the content, composition, design, 
placement, erection, and maintenance of tourist-oriented 
directional signs and supports on eligible highway rights-of-way;
		(2)  adopt rules necessary to administer and enforce 
this section; and
		(3)  approve an application submitted under this 
section before the 61st day after the date the eligible facility 
submitted the application.
	(d)  The commission shall enter into one or more contracts 
with an individual, firm, group, or association in this state to 
erect and maintain tourist-oriented directional signs at locations 
along eligible highways.
	(e)  A contract under this section shall provide for:                   
		(1)  the assessment of fees to be paid to a contractor 
by an eligible facility; 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.
	(f)  The commission may not adopt rules under this section 
that:      
		(1)  limit the number of tourist-oriented directional 
signs an eligible facility may receive;
		(2)  prohibit the erection of a tourist-oriented 
directional sign for an eligible facility on more than one highway; 
or
		(3)  prohibit an eligible facility from receiving a 
tourist-oriented directional sign based on trailblazing or the 
number of turns off of a highway it takes to reach the location of 
the facility.
	SECTION 2.  This Act takes effect September 1, 2005.