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A BILL TO BE ENTITLED
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AN ACT
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relating to the acquisition of outdoor advertising by a |
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governmental entity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading of Section 391.033, Transportation |
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Code, is amended to read as follows: |
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Sec. 391.033. ACQUISITION OF OUTDOOR ADVERTISING [BY
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COMMISSION]. |
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SECTION 2. Section 391.033, Transportation Code, is amended |
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by amending Subsection (a) and adding Subsections (c), (d), and (e) |
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to read as follows: |
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(a) The commission may [purchase or] acquire by gift, |
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purchase, agreement, exchange, or eminent domain outdoor |
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advertising that is lawfully in existence on a highway in the |
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interstate or primary system. |
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(c) If the department, a county, municipality, or other |
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governmental entity, a public utility, or a quasi-governmental |
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entity prevents the maintenance of existing outdoor advertising or |
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requires that the maintenance of existing outdoor advertising be |
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discontinued, the entity shall pay just compensation as if it had |
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made an acquisition by eminent domain. |
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(d) If a governmental entity or another entity with eminent |
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domain authority requires the alteration or removal of a lawfully |
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erected sign that is located on property acquired by the entity |
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through a voluntary transaction, the entity shall pay just |
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compensation as if it had made an acquisition by eminent domain. |
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(e) For purposes of this chapter, just compensation |
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includes damages to remaining property, contiguous and |
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noncontiguous, included in the interest of the owner of the outdoor |
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advertising, that together with the property actually acquired by |
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eminent domain constituted an economic unit. |
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SECTION 3. Subchapter B, Chapter 391, Transportation Code, |
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is amended by adding Section 391.0335 to read as follows: |
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Sec. 391.0335. LIMITATION ON REQUIRING SIGNS TO BE REMOVED |
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OR DISCONTINUED. Except as provided by this chapter, the |
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commission may not require the removal of outdoor advertising or |
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that maintenance of outdoor advertising be discontinued unless at |
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the time of removal or discontinuance: |
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(1) there is sufficient money, from any source, |
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appropriated and immediately available to pay the just compensation |
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required under this section; and |
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(2) any federal money contribution under 23 U.S.C. |
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Section 131 has been appropriated and made available to the state. |
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SECTION 4. This Act takes effect September 1, 2007. |