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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibition of signs on certain roads. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 391.252(a), Transportation Code, is |
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amended to read as follows: |
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(a) A person may not erect an off-premise sign that is |
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adjacent to and visible from: |
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(1) U.S. Highway 290 between the western city limits |
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of the city of Austin and the eastern city limits of the city of |
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Fredericksburg; |
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(2) State Highway 317 between the northern city limits |
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of the city of Belton to the southern city limits of the city of |
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Valley Mills; |
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(3) State Highway 16 between the northern city limits |
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of the city of Kerrville and Interstate Highway 20; |
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(4) U.S. Highway 77 between State Highway 186 and |
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State Highway 44; |
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(5) [U.S. Highway 281 between State Highway 186 and
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Interstate Highway 37, exclusive of the segment of U.S. Highway 281
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located in the city limits of Three Rivers;
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[(5)] U.S. Highway 281 between: |
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(A) State Highway 186 and Interstate Highway 37, |
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exclusive of the segment of U.S. Highway 281 located in the city |
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limits of Three Rivers; and |
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(B) the southern boundary line of Comal County |
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and State Highway 306; |
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(6) State Highway 17 between State Highway 118 and |
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U.S. Highway 90; |
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(7) State Highway 67 between U.S. Highway 90 and |
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Farm-to-Market Road 170; |
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(8) Farm-to-Market Road 170 between State Highway 67 |
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and State Highway 118; |
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(9) State Highway 118 between Farm-to-Market Road 170 |
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and State Highway 17; |
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(10) State Highway 105 between the western city limits |
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of the city of Sour Lake to the eastern city limits of the city of |
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Cleveland; |
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(11) State Highway 73 between the eastern city limits |
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of the city of Winnie to the western city limits of the city of Port |
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Arthur; |
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(12) State Highway 21 between the southern city limits |
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of the city of College Station and U.S. Highway 290; |
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(13) a highway located in: |
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(A) the Sabine National Forest; |
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(B) the Davy Crockett National Forest; or |
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(C) the Sam Houston National Forest; [or] |
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(14) Segments 1 through 4 of State Highway 130;[.] |
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(15) [(14)] a highway in Bandera County that is part |
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of the state highway system;[.] |
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(16) [(14)] Farm-to-Market Road 3238 beginning at |
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State Highway 71 and any extension of that road through Hays and |
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Blanco Counties;[.] |
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(17) [(14)] Farm-to-Market Road 2978 between |
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Farm-to-Market Road 1488 and the boundary line between Harris and |
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Montgomery Counties;[.] |
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(18) U. S. [(14)State] Highway 90 between the western |
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city limits of the city of San Antonio and the eastern city limits |
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of the city of Hondo; or |
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(19) the following highways in Austin County: |
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(A) State Highway 159; |
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(B) Farm-to-Market Road 331; |
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(C) Farm-to-Market Road 529; |
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(D) Farm-to-Market Road 1094; and |
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(E) Farm-to-Market Road 2502. |
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SECTION 2. A landowner to whom a notice is mailed by the |
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county clerk as provided by Section 3(b) of this Act may exclude the |
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landowner's property from the application of Section 1 of this Act |
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by notifying the Texas Department of Transportation in writing, by |
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certified mail. In order for the landowner's property to be |
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excluded from the application of Section 1 of this Act, the |
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landowner's notice must be received by the Texas Department of |
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Transportation within one year of the date the Texas Department of |
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Transportation receives notification from all appropriate county |
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clerks that notices were mailed to landowners as provided in |
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Section 3(b) of this Act. The exclusion of the landowner from the |
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application of Section 1 of this Act becomes effective on the date |
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the landowner's notice is received by the Texas Department of |
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Transportation. |
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SECTION 3. (a) Except as otherwise provided by this |
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section, this Act takes effect September 1, 2007. |
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(b) Before Section 1 of this Act can become effective, the |
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county clerk of the county or counties in which a segment of public |
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road affected by this Act is located must send a written notice, by |
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certified mail, to each landowner who owns real property, according |
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to the most recent certified tax appraisal roll, along a segment of |
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public road affected by this Act. The notice shall also be |
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published in a newspaper of general circulation in the county or |
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counties in which a segment of public road affected by this Act is |
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located. The notice shall identify the segment of public road |
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affected by this Act and state that the landowner's future right to |
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lease the landowner's property for the purpose of erecting an |
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off-premise sign will be terminated unless the landowner notifies |
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the Texas Department of Transportation that the landowner plans to |
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exclude the landowner's property from the application of the Act. |
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The notice must be sent to landowners and published by the |
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appropriate county clerk or clerks in accordance with this |
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subsection within 45 days of the effective date of this Act. The |
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appropriate county clerk or clerks shall notify the Texas |
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Department of Transportation in writing, by certified mail, when |
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the notice is mailed to the landowners and published in accordance |
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with this subsection. The notice provided to the Texas Department |
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of Transportation by the county clerk is public information for the |
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purposes of Chapter 552, Government Code, and must include the |
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following information: |
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(1) the affidavit of the publisher of the newspaper |
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notice indicating the date the notice was published, accompanied by |
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a printed copy of the notice as published; and |
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(2) the affidavit of the county clerk certifying the |
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date notice was mailed to the landowners, accompanied by a copy of |
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the notice and a list of the landowners to whom the notice was |
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mailed. |
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(c) Section 1 of this Act takes effect on the 91st day after |
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the Texas Department of Transportation receives notification from |
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all appropriate county clerks as provided in Subsection (b). |