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.