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A BILL TO BE ENTITLED
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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. 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. REGULATION OF OUTDOOR ADVERTISING ON CERTAIN |
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HIGHWAYS. (a) Except as provided by Subsection (b), the commission |
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by rule shall prohibit outdoor advertising in a manner consistent |
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with 23 U.S.C. Section 131(s) on a State Scenic Byway designated |
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under Section 391.256. |
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(b) A rule adopted under Subsection (a) may not apply to |
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outdoor advertising: |
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(1) permitted under Section 391.031(b)(1); or |
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(2) required to be relocated by an improvement to the |
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state highway system if the advertising was erected before the |
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highway was designated a State Scenic Byway under Section 391.256. |
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SECTION 2. Subchapter I, Chapter 391, Transportation Code, |
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is amended by adding Section 391.256 to read as follows: |
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Sec. 391.256. SCENIC BYWAYS PROGRAM. (a) The department |
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shall plan, design, and establish a program for designating |
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highways as State 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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SECTION 3. This Act takes effect September 1, 2007. |