80R14633 ACP-F
 
  By: Murphy H.B. No. 2944
 
Substitute the following for H.B. No. 2944:
 
  By:  Harless C.S.H.B. No. 2944
 
A BILL TO BE ENTITLED
AN ACT
relating to permits for erecting certain outdoor signs or
advertising.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 391.068, Transportation Code, is amended
by amending Subsection (a) and adding Subsection (d) to read as
follows:
       (a)  Except as provided by Subsection (d), the [The]
commission shall issue a permit to a person with a license issued
under this subchapter:
             (1)  whose license application complies with rules
adopted under Section 391.065; and
             (2)  whose outdoor advertising, whether owned or
leased, if erected would comply with this chapter and rules adopted
under Section 391.032(a).
       (d)  In addition to the requirements of Subsection (a), if
the outdoor advertising is located within the jurisdiction of a
municipality with a population of more than 1.9 million that is
exercising its authority to regulate outdoor advertising, the
commission may issue a permit under this section only if the
municipality:
             (1)  has not acted to prohibit new outdoor advertising
within the jurisdiction of the municipality; and
             (2)  has issued a permit authorizing the outdoor
advertising.
       SECTION 2.  Section 394.021, Transportation Code, is amended
by adding Subsection (c) to read as follows:
       (c)  If the off-premise sign is located within the
jurisdiction of a municipality with a population of more than 1.9
million that is exercising its authority to regulate off-premise
signs, the commission may not issue a permit under this section if
the municipality has acted to prohibit new off-premise signs within
the jurisdiction of the municipality.
       SECTION 3.  Section 394.022, Transportation Code, is amended
to read as follows:
       Sec. 394.022.  ISSUANCE OF PERMIT.  The commission shall
issue a permit to a person:
             (1)  whose application complies with commission rule;
             (2)  [and] whose sign, if erected, would comply with
the requirements of this chapter; and
             (3)  who, if the off-premise sign is located within the
jurisdiction of a municipality with a population of more than 1.9
million that is exercising its authority to regulate off-premise
signs, has obtained a permit for the off-premise sign.
       SECTION 4.  This Act takes effect September 1, 2007.