79R9201 T

By:  Hill                                                         H.B. No. 2391



A BILL TO BE ENTITLED

AN ACT

relating to the regulation of political signs by municipalities.              
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 216.903, Local Government Code, is 
amended to read as follows:
	Sec. 216.903.  REGULATION OF POLITICAL SIGNS BY 
MUNICIPALITY.  (a)  In this section, "private real property" does 
not include real property subject to an easement or other 
encumbrance that allows a municipality to use the property for a 
public purpose.
	(b)  A municipal charter provision or ordinance that 
regulates signs may not, for a sign that contains primarily a 
political message and that is located on private real property with 
the consent of the property owner:
		(1)  prohibit the sign from being placed;                                     
		(2)  require a permit or approval of the municipality 
or impose a fee for the sign to be placed;
		(3)  restrict the size of the sign;  or                                       
		(4)  provide for a charge for the removal of a political 
sign that is greater than the charge for removal of other signs 
regulated by ordinance.
	(c)  A municipal charter provision or ordinance that 
regulates signs may not, for a sign that contains primarily a 
political message and that is located on private real property with 
the consent of the property owner, restrict a sign that is 16 sq 
feet or less in area and that is attached to a fence or another 
structure fixed to land, other than a house, a structure attached to 
a house, or a garage or another structure designed, at least in 
part, for the purpose of providing shelter for a motor vehicle.
	(d)  Subsection (b) does not apply to a sign, including a 
billboard, that contains primarily a political message on a 
temporary basis and that is generally available for rent or 
purchase to carry commercial advertising or other messages that are 
not primarily political.
	(e) [(d)]  Subsection (b) does not apply to a sign that:
		(1)  has an effective area greater than 6 [36] feet;  
		(2)  is more than four [eight] feet high;             
		(3)  is illuminated; or                                                       
		(4)  has any moving elements.                                                 
	(f)  A municipality may by ordinance restrict the placement 
of a sign that contains primarily a political message to a period of 
30 days prior to an election and require removal of such signs 
within 3 days after an election.