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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption of a state scenic byways program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 201, Transportation Code, is amended by |
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adding Subchapter P to read as follows: |
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SUBCHAPTER P. SCENIC BYWAYS |
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Sec. 201.981. SCENIC BYWAYS PROGRAM. (a) The department, |
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in coordination with the Texas Historical Commission and the |
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Department of Parks and Wildlife's Texas Trails System, shall plan, |
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design, and establish a program for designating highways as State |
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Scenic Byways. |
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(b) The program must include a process by which the |
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department: |
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(1) receives proposals from political subdivisions or |
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other community groups approved by the department for funding |
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projects in accordance with 23 U.S.C. Section 162; |
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(2) applies for grants under 23 U.S.C. Section 162 for |
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the projects; |
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(3) allows an applicant who consents to pay for the |
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costs of the projects that are not covered by grants made under 23 |
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U.S.C. Section 162; |
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(4) excludes from designation a highway or a segment |
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of a highway that no longer meets the criteria established by the |
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department for designation as a State Scenic Byway; and |
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(5) excludes from designation as a State Scenic Byway |
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any segment of a highway that: |
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(A) is adjacent to land zoned as commercial or |
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industrial; |
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(B) does not have the scenic, historic, cultural, |
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natural, recreational, or archaeological qualities for which the |
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highway as a whole is being designated; and |
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(C) is not requested to be excluded from |
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designation for the sole purpose of allowing outdoor advertising as |
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determined by the department. |
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(c) The department shall designate a highway as a State |
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Scenic Byway under the program established by this section before |
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the department applies for a grant under Subsection (b)(2) for a |
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project related to the highway. |
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(d) The department may use money from the state highway fund |
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to pay for the costs of a project that are not covered by a grant |
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made under 23 U.S.C. Section 162. |
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(e) The department shall adopt rules to implement this |
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section. |
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Sec. 201.982. REGULATION OF OUTDOOR ADVERTISING. (a) |
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Except as provided by Subsection (b), the commission by rule shall |
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prohibit outdoor advertising in a manner consistent with 23 U.S.C. |
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Section 131(s) on a State Scenic Byway designated under Section |
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201.981. |
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(b) A rule adopted under Subsection (a) may not apply to |
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outdoor advertising permitted under 23 U.S.C. Section 131. |
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Sec. 201.983. NOTICE AND EXCLUSION. (a) Not later than one |
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year before the date the department designates a state highway as a |
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State Scenic Byway under Section 201.981, the department shall: |
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(1) publish in a newspaper with general circulation in |
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each county in which the state highway is located notice of the |
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highway's proposed designation; and |
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(2) notify the county clerk of each county in which the |
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state highway is located of the highway's proposed designation. |
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(b) On notification under Subsection (a), the county clerk |
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shall send by United States mail a written notice to each landowner |
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who owns real property along the state highway according to the most |
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recent certified tax appraisal roll. The notice must: |
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(1) be mailed before the 15th day after the date the |
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clerk was notified; |
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(2) state that the highway is to be designated as a |
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State Scenic Byway; and |
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(3) inform the landowner of the restrictions imposed |
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by Section 201.982. |
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(c) A landowner to whom notice is mailed under Subsection |
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(b) may exclude the landowner's property from designation as a |
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scenic byway under Section 201.981 by notifying the department by |
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certified mail of the landowner's objection to the designation |
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before the 30th day before the date the department designates the |
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highway. The landowner's property is excluded from designation as a |
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scenic byway on the date the landowner's notice is received by the |
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department. |
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SECTION 2. Section 391.068(a), Transportation Code, is |
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amended to read as follows: |
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(a) Except as provided by Subchapter P, Chapter 201, the |
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[The] commission shall issue a permit to a person with a license |
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issued under this subchapter: |
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(1) whose license application complies with rules |
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adopted under Section 391.065; and |
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(2) whose outdoor advertising, whether owned or |
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leased, if erected would comply with this chapter and rules adopted |
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under Section 391.032(a). |
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SECTION 3. Section 394.022, Transportation Code, is amended |
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to read as follows: |
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Sec. 394.022. ISSUANCE OF PERMIT. Except as provided by |
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Subchapter P, Chapter 201, the [The] commission shall issue a |
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permit to a person whose application complies with commission rule |
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and whose sign, if erected, would comply with the requirements of |
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this chapter. |
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SECTION 4. This Act takes effect September 1, 2007. |