80R5538 ACP-F
 
  By: Murphy 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
political subdivision that is exercising its authority to regulate
outdoor advertising, the commission may issue a permit under this
section only if the political subdivision:
             (1)  has not acted to prohibit new outdoor advertising
within the jurisdiction of the political subdivision; 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 political subdivision that is exercising its
authority to regulate off-premise signs, the commission may not
issue a permit under this section if the political subdivision has
acted to prohibit new off-premise signs within the jurisdiction of
the political subdivision.
       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 political subdivision 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.