By:  Phillips, et al. (Senate Sponsor - Madla)                    H.B. No. 2135
	(In the Senate - Received from the House May 4, 2005; 
May 5, 2005, read first time and referred to Committee on 
Intergovernmental Relations; May 20, 2005, reported favorably, as 
amended, by the following vote:  Yeas 4, Nays 0; May 20, 2005, sent 
to printer.)


COMMITTEE AMENDMENT NO. 1                                                By:  Madla

	Amend H.B. 2135 by adding new SECTIONS 2 and 3 to read as 
follows and renumbering existing SECTIONS accordingly:
	SECTION 2.  Subsection (a), Section 391.091, Transportation 
Code, as amended by Chapters 713 and 743, Acts of the 78th 
Legislature, Regular Session, 2003, is reenacted and amended to 
read as follows:
	(a)  The department [commission] shall contract with an 
individual, firm, group, or association in this state to erect and 
maintain specific information logo signs and[,] major shopping area 
guide signs[, and major agricultural interest signs] at appropriate 
locations along an eligible highway.
	SECTION 3.  Subsection (a), Section 391.098, Transportation 
Code, is amended to read as follows:
	(a)  The commission shall authorize the director to grant 
variances, on a case-by-case basis, to the eligibility, location, 
or placement of specific logo signs[, major agricultural interest 
signs,] and major shopping area guide signs, including the highways 
along which a sign may be located.  The commission may adopt rules 
prescribing conditions or guidelines the director should or must 
consider when determining whether to grant a variance.

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 or a business related to agriculture or tourism, including a farm, 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. (2) "Eligible highway" means a highway that: (A) has noncontrolled access; and (B) is outside the corporate limits of a municipality with a population of 5,000 or more. (3) "Tourist-oriented directional sign" means a sign that identifies a particular winery or business related to agriculture or tourism, including a farm, 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. (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; and (2) adopt rules necessary to administer and enforce this section. (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 the greater of: (A) 10 percent of the fees collected by the contractor; or (B) 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) violate the Texas Manual on Uniform Traffic Control Devices or the Manual on Uniform Traffic Control Devices issued by the United States Department of Transportation, Federal Highway Administration; or (2) prohibit an eligible facility from receiving a tourist-oriented directional sign based on trailblazing off of the state highway system. (g) The department shall: (1) before the 31st day after the date the eligible facility submits an application under this section, notify the facility that: (A) the application has been received; and (B) the application is complete or that additional information is required to complete the application; and (2) approve or disapprove the application: (A) before the 61st day after the date the eligible facility submits the application if no additional information is required under Subdivision (1); or (B) before the 31st day after the date the eligible facility submits all of the additional information required under Subdivision (1). SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2005.
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