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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