|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the removal or reconstruction of certain 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 Sections 391.0331 and 391.0332 to read as |
|
|
follows: |
|
|
Sec. 391.0331. COSTS FOR REMOVAL OF CERTAIN OUTDOOR |
|
|
ADVERTISING WITHIN MUNICIPALITY. (a) If outdoor advertising is |
|
|
required to be removed because of the widening, construction, or |
|
|
reconstruction of a part of the state highway system and if |
|
|
relocation of the outdoor advertising would be allowed under the |
|
|
rules of the commission but is prohibited by charter or ordinance or |
|
|
the decision of a municipality, the liability of the department |
|
|
relating to the removal of the outdoor advertising is limited to the |
|
|
amount that the department would have been required to pay if the |
|
|
outdoor advertising had been relocated in accordance with the rules |
|
|
of the commission. |
|
|
(b) A municipality that prohibits the relocation of outdoor |
|
|
advertising as described by Subsection (a) is liable for the |
|
|
difference between the amount of the just compensation required for |
|
|
the removal of the outdoor advertising and the amount for which the |
|
|
department is liable under Subsection (a). |
|
|
Sec. 391.0332. OBSTRUCTION OF VISIBILITY. (a) If the |
|
|
visibility of outdoor advertising is obstructed due to a noise |
|
|
abatement or safety measure, a grade change, construction, a |
|
|
directional sign, or widening along a highway, the owner of the sign |
|
|
may raise or lower the height of the sign to make the sign clearly |
|
|
visible from the main-traveled way provided that: |
|
|
(1) the sign conforms to state regulations; and |
|
|
(2) the department approves the height of the sign |
|
|
with regard to safety compliance. |
|
|
(b) The owner of the sign is responsible for all expenses |
|
|
and costs incurred under this section. |
|
|
(c) Nothing in this section shall be construed as granting |
|
|
any property rights or altering or affecting the property rights of |
|
|
a party in eminent domain proceedings. |
|
|
SECTION 2. Section 216.003, Local Government Code, is |
|
|
amended by adding Subsection (g) to read as follows: |
|
|
(g) A municipality may not allow a nonconforming |
|
|
off-premise sign to be replaced with another off-premise sign by a |
|
|
person other than the owner of the sign or a contractor employed by |
|
|
the owner of the sign. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2007. |