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AN ACT
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relating to permits for erecting certain outdoor signs or |
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advertising. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 391.068, Transportation Code, is amended |
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by amending Subsection (a) and adding Subsections (d) and (e) to |
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read as follows: |
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(a) Except as provided by Subsection (d), the [The] |
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commission shall issue a permit to a person with a license issued |
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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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(d) In addition to the requirements of Subsection (a), if |
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the outdoor advertising is located within the jurisdiction of a |
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municipality with a population of more than 1.9 million that is |
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exercising its authority to regulate outdoor advertising, the |
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commission may issue a permit under this section only if the |
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municipality: |
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(1) has not acted to prohibit new outdoor advertising |
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within the jurisdiction of the municipality; and |
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(2) has issued a permit authorizing the outdoor |
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advertising. |
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(e) Subsection (d) does not apply to the relocation of |
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outdoor advertising to another location if the construction, |
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reconstruction, or expansion of a highway requires the removal of |
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the outdoor advertising. |
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SECTION 2. Section 394.021, Transportation Code, is amended |
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by adding Subsection (c) to read as follows: |
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(c) If the off-premise sign is located within the |
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jurisdiction of a municipality with a population of more than 1.9 |
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million that is exercising its authority to regulate off-premise |
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signs, the commission may not issue a permit under this section if |
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the municipality has acted to prohibit new off-premise signs within |
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the jurisdiction of the municipality. |
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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. (a) The commission |
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shall issue a permit to a person: |
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(1) whose application complies with commission rule; |
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(2) [and] whose sign, if erected, would comply with |
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the requirements of this chapter; and |
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(3) who, if the off-premise sign is located within the |
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jurisdiction of a municipality with a population of more than 1.9 |
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million that is exercising its authority to regulate off-premise |
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signs, has obtained a permit for the off-premise sign. |
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(b) Subsection (a)(3) does not apply to the relocation of an |
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off-premise sign to another location if the construction, |
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reconstruction, or expansion of a highway requires the removal of |
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the off-premise sign. |
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SECTION 4. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2944 was passed by the House on May 8, |
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2007, by the following vote: Yeas 146, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2944 on May 25, 2007, by the following vote: Yeas 132, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2944 was passed by the Senate, with |
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amendments, on May 23, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |