BILL ANALYSIS

 

 

                                                                                                                                              S.B. 731

                                                                                                                                          By: Carona

                                                                                                                                     Transportation

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Current law describes the exact highway locations where tourist-oriented directional signs can be placed and what types of businesses are authorized to be advertised on these signs.

 

S.B. 731 grants to the Texas Transportation Commission the authority, including rulemaking authority, to prescribe the location and content of these signs.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Transportation Commission in SECTION 2 and SECTION 3 of this bill. 

 

ANALYSIS

 

SECTION 1.  Amends Sections 391.001(2), (9), and (12), Transportation Code, to redefine "eligible highway," "major shopping area guide sign," and "specific information logo sign."

 

SECTION 2.  Amends Section 391.092, Transportation Code, by adding Subsections (d) and (e), as follows:

 

(d)  Requires the Texas Transportation Commission (TTC) to adopt rules, in accordance with federal dictates, for determining eligible highways along which specific information logo signs, major shopping area guide signs, and tourist-oriented directional signs may be located.  Authorizes TTC to establish different highway eligibility criteria for each type of sign, if permitted by federal dictates.

 

(e)  Defines “tourist-oriented directional signs.”

 

SECTION 3.  Amends Sections 391.0935(a), (b), (d), and (f), Transportation Code, as follows:

 

(a)  Provides that the program allowing the erection and maintenance of major shopping area guide signs that TTC is required to establish under this subsection applies to eligible highways, rather than just eligible urban highways.

 

(b)  Requires TTC by rule to establish criteria for determining whether a geographic area contains sufficient retail establishments to be considered a major shopping area, in addition to other requirements of the commission.  Entitles a major shopping area to having its name displayed on a guide sign if it meets TTC criteria and is located not farther than three miles from an interchange on an eligible highway.  Makes conforming changes.

 

(d)  Makes a conforming change.

 

(f)  Makes a conforming change.

 

SECTION 4.  Repealer: Sections 391.001(3) and (8) (definitions of "eligible urban highway" and "major shopping area"), and Section 391.009(a)(2) (definition of “eligible highway”), Transportation Code.

 

SECTION 5.  Effective date: September 1, 2007.

EFFECTIVE DATE

 

September 1, 2007.