By: Geren H.B. No. 2950
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of outdoor advertising and the
establishment of a scenic byways program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading of Section 391.033, Transportation
Code, is amended to read as follows:
Sec. 391.033. ACQUISITION OF OUTDOOR ADVERTISING [BY
COMMISSION].
SECTION 2. Section 391.033, Transportation Code, is amended
by amending Subsection (a) and adding Subsections (c), (d), and (e)
to read as follows:
(a) The commission may [purchase or] acquire by gift,
purchase, agreement, exchange, or eminent domain outdoor
advertising that is lawfully in existence on a highway in the
interstate or primary system.
(c) If the department, a county, municipality, or other
governmental entity, a public utility, or a quasi-governmental
entity prevents the maintenance of existing outdoor advertising or
requires that the maintenance of existing outdoor advertising be
discontinued, the entity shall pay just compensation as if it had
made an acquisition by eminent domain.
(d) For purposes of this chapter, just compensation
includes damages to remaining property, contiguous and
noncontiguous, included in the interest of the owner of the outdoor
advertising, that together with the property actually acquired by
eminent domain constituted an economic unit.
(e) Except as provided by this chapter, the commission may
not require the removal of outdoor advertising or that maintenance
of outdoor advertising be discontinued unless at the time of
removal or discontinuance:
(1) there is sufficient money, from any source,
appropriated and immediately available to pay the just compensation
required under this section; and
(2) any federal money contribution under 23 U.S.C.
Section 131, as amended, has been appropriated and made available
to the state.
SECTION 3. Subchapter B, Chapter 391, Transportation Code,
is amended by adding Section 391.0331 to read as follows:
Sec. 391.0331. RELOCATION BECAUSE OF HIGHWAY CONSTRUCTION.
(a) If any outdoor advertising use, structure, or permit may not be
continued because of widening, construction, or reconstruction of a
highway, the owner of the outdoor advertising is entitled to
relocate the use, structure, or permit to another location:
(1) on the same property;
(2) on adjacent property;
(3) on the same highway not more than one mile from the
previous location; or
(4) if the outdoor advertising is within a
municipality or the extraterritorial jurisdiction of a
municipality, within that municipality or its extraterritorial
jurisdiction.
(b) Relocation under this section shall be to a location
where outdoor advertising is permitted under Section 391.031 and in
accordance with applicable administrative rules and policies of the
department.
(c) The county or municipality in which the use or structure
is located shall, if necessary, provide for the relocation by a
special exception to any applicable zoning ordinance.
(d) The relocated use or structure may be:
(1) erected to a height and angle to make it clearly
visible to traffic on the main-traveled way of the highway to which
it is relocated;
(2) the same size and at least the same height as the
previous use or structure, but not exceeding any size and height
rule established under this subtitle; and
(3) relocated to a location with a comparable
vehicular traffic count.
(e) Any governmental entity, quasi-governmental entity, or
public utility that acquires outdoor advertising by eminent domain
or causes the need for the outdoor advertising to be relocated under
this section shall pay the costs related to the acquisition or
relocation.
(f) If a governmental entity prohibits the relocation of
outdoor advertising as provided under this section, the
governmental entity shall pay just compensation as provided in
Section 391.033.
SECTION 4. Section 391.034, Transportation Code, is amended
by adding Subsection (d) to read as follows:
(d) The department may remove outdoor advertising that is
erected or maintained in violation of this chapter without payment
of compensation to the owner or lessee.
SECTION 5. Subchapter B, Chapter 391, Transportation Code,
is amended by adding Section 391.038 to read as follows:
Sec. 391.038. OBSTRUCTION OF VIEW AND READABILITY. (a) If
the view and readability of outdoor advertising is obstructed due
to a noise abatement or safety measure, a grade change,
construction, an aesthetic improvement made by an agency of this
state, a directional sign, or widening along a highway, the owner of
the sign may:
(1) adjust the height of the sign; or
(2) relocate the sign to a location within 500 feet of
its previous location, if the sign complies with the spacing
requirements under this chapter and is in a location in which
outdoor advertising is permitted under Section 391.031.
(b) A county or municipality in which the outdoor
advertising is located shall, if necessary, provide for the height
adjustment or relocation by a special exception to any applicable
zoning ordinance.
(c) Notwithstanding any height requirements established
under this subtitle, the adjusted or relocated outdoor advertising
may be erected to a height and angle to make it clearly visible to
traffic on the main-traveled way of the highway and must be the same
size as the previous sign.
SECTION 6. Subchapter C, Chapter 391, Transportation Code,
is amended by adding Section 391.0651 to read as follows:
Sec. 391.0651. NOTICE OF AMENDED AND PROPOSED RULES. (a)
The commission shall give written notice within a reasonable time
to all outdoor advertising license and permit holders of any change
or proposed change in rules adopted under this chapter.
(b) Any governmental entity shall give written notice to all
outdoor advertising license and permit holders within its
jurisdiction of any change or proposed change to the outdoor or
off-premise advertising provisions of its zoning provisions,
codes, or ordinances. The notice must be given not later than 60
days before the effective date of the change.
SECTION 7. Section 391.066, Transportation Code, is amended
by adding Subsection (d) to read as follows:
(d) Judicial review of an administrative proceeding under
this section is by trial de novo.
SECTION 8. Section 391.181(a), Transportation Code, is
amended to read as follows:
(a) The commission may acquire by gift, purchase,
agreement, exchange, or condemnation any right or property interest
that it considers necessary or convenient to implement this
chapter.
SECTION 9. This Act takes effect September 1, 2005.