By:  Staples                                                      S.B. No. 1375


A BILL TO BE ENTITLED

AN ACT

relating to the regulation of outdoor advertising.                            
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  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:
		(1)  relocate the use, structure, or permit to another 
location:     
			(A)  on the same property;                                            
			(B)  on adjacent property;                                            
			(C)  on the same highway not more than one mile 
from the previous location; or
			(D)  if the outdoor advertising is within a 
municipality or the extraterritorial jurisdiction of a 
municipality, within that municipality or its extraterritorial 
jurisdiction; and
		(2)  maintain the existing outdoor advertising until 
the 60th day before the date the widening, construction, or 
reconstruction of the highway is set to begin.
	(b)  Relocation under this section shall be to a location 
where outdoor advertising is permitted under Section 391.031 or 
other state law, commercial and industrial location requirements, 
or department rules.
	(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 ordinance.
	(d)  Subject to department rule, 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)  If a governmental entity prohibits the relocation of 
outdoor advertising as provided under this section, the 
governmental entity shall pay just compensation as if it had made an 
acquisition by eminent domain under Section 391.033.
	SECTION 2.  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 3.  This Act takes effect September 1, 2005.