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A BILL TO BE ENTITLED
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AN ACT
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relating to the relocation and ownership of outdoor advertising. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 391, Transportation Code, |
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is amended by adding Section 391.0331 to read as follows: |
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Sec. 391.0331. RELOCATION BECAUSE OF HIGHWAY CONSTRUCTION. |
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(a) If any outdoor advertising use, structure, or permit may not be |
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continued because of widening, construction, or reconstruction of a |
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highway, the owner of the outdoor advertising is entitled to |
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relocate the use, structure, or permit to another location: |
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(1) on the same property; |
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(2) on adjacent property; |
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(3) on the same highway not more than one mile from the |
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previous location; or |
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(4) if the outdoor advertising is within a |
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municipality or the extraterritorial jurisdiction of a |
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municipality, within that municipality or its extraterritorial |
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jurisdiction. |
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(b) Relocation under this section shall be to a location |
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where outdoor advertising is permitted under Section 391.031. |
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(c) The county or municipality in which the use or structure |
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is located shall, if necessary, provide for the relocation by a |
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special exception to any applicable zoning ordinance. |
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(d) The relocated use or structure may be: |
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(1) erected to a height and angle to make it clearly |
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visible to traffic on the main-traveled way of the highway to which |
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it is relocated; |
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(2) the same size and at least the same height as the |
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previous use or structure, but not exceeding any size and height |
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rule established under this subtitle; and |
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(3) relocated to a location with a comparable |
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vehicular traffic count. |
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(e) Any governmental entity, quasi-governmental entity, or |
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public utility that acquires outdoor advertising by eminent domain |
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or causes the need for the outdoor advertising to be relocated under |
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this section shall pay the costs related to the acquisition or |
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relocation. |
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(f) If a governmental entity prohibits the relocation of |
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outdoor advertising as provided under this section, the |
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governmental entity shall pay just compensation as provided in |
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Section 391.033. |
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SECTION 2. Subchapter B, Chapter 391, Transportation Code, |
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is amended by adding Section 391.038 to read as follows: |
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Sec. 391.038. OBSTRUCTION OF VIEW AND READABILITY. (a) If |
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the view and readability of outdoor advertising is obstructed due |
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to a noise abatement or safety measure, a grade change, |
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construction, an aesthetic improvement made by an agency of this |
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state, a directional sign, or widening along a highway, the owner of |
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the sign may: |
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(1) adjust the height of the sign; or |
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(2) relocate the sign to a location within 500 feet of |
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its previous location, if the sign complies with the spacing |
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requirements under this chapter and is in a location in which |
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outdoor advertising is permitted under Section 391.031. |
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(b) A county or municipality in which the outdoor |
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advertising is located shall, if necessary, provide for the height |
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adjustment or relocation by a special exception to any applicable |
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zoning ordinance. |
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(c) Notwithstanding any height requirements established |
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under this subtitle, the adjusted or relocated outdoor advertising |
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may be erected to a height and angle to make it clearly visible to |
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traffic on the main-traveled way of the highway and must be the same |
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size as the previous sign. |
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SECTION 3. Subtitle H, Title 6, Transportation Code, is |
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amended by adding Chapter 398 to read as follows: |
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CHAPTER 398. PROVISIONS GENERALLY APPLICABLE TO OUTDOOR SIGNS |
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Sec. 398.001. DEFINITION. In this chapter, "off-premise |
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sign" means an outdoor sign displaying advertising that pertains to |
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a business, person, organization, activity, event, place, service, |
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or product not principally located or primarily manufactured or |
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sold on the premises on which the sign is located. |
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Sec. 398.002. RIGHTS OF OWNER OF CERTAIN SIGNS. The rights |
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associated with an off-premise sign that is lawfully in existence |
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but no longer complies with current applicable laws and |
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regulations, including laws and regulations promulgated under |
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Chapters 391 and 394 of this code, and Chapter 216, Local Government |
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Code, vest in the owner of the off-premise sign. |
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SECTION 4. This Act takes effect September 1, 2007. |