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A BILL TO BE ENTITLED
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AN ACT
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relating to outdoor advertising on certain toll roads. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 223.201, Transportation Code, is amended |
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by adding Subsection (a-1) and amending Subsection (b) to read as |
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follows: |
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(a-1) The department may enter into a comprehensive |
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development agreement with a person for the same purposes for which |
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the department may enter into a contract under Section 228.053(a). |
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(b) In this subchapter, "comprehensive development |
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agreement" means an agreement that, at a minimum, provides for the |
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design and construction, rehabilitation, expansion, or improvement |
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of a project described in Subsection (a) and may also provide for |
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the financing, acquisition, maintenance, or operation of a project |
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described in Subsection (a) or (a-1). |
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SECTION 2. Section 228.053(a), Transportation Code, is |
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amended to read as follows: |
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(a) The department may: |
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(1) impose tolls for the use of each toll project or |
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system and the different segments or parts of each project or |
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system; and |
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(2) notwithstanding anything in Chapter 202 to the |
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contrary, contract with a person for the use of all or part of a toll |
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project or system or lease all or part of a toll project or system |
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for a gas station, garage, store, hotel, restaurant, railroad |
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tracks, utilities, [and] telecommunications facilities and |
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equipment, and outdoor media as defined by Section 392.101 and set |
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the terms for the use or lease. |
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SECTION 3. Chapter 392, Transportation Code, is amended by |
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adding Subchapter C to read as follows: |
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SUBCHAPTER C. OUTDOOR MEDIA ON STATE HIGHWAY TOLL PROJECTS |
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Sec. 392.101. DEFINITIONS. In this subchapter: |
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(1) "Advertising provider" means a private entity that |
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has received authority from the department, through a lease or |
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other agreement, to place outdoor media within the boundaries of a |
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toll project of the state highway system, including a turnpike on |
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the Trans-Texas Corridor. |
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(2) "Outdoor media" means a sign displaying |
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advertising that pertains to a business, person, organization, |
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activity, event, place, service, or product not principally located |
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or primarily manufactured or sold on the premises on which the sign |
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is located. |
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Sec. 392.102. OUTDOOR MEDIA. Notwithstanding any other |
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law, outdoor media erected by an advertising provider pursuant to a |
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use or lease under Section 228.053 for a commercial advertising |
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purpose: |
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(1) may be located within state highway system |
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right-of-way; and |
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(2) is under the exclusive regulatory control of the |
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state. |
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SECTION 4. Section 394.002, Transportation Code, is amended |
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by amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) Except as provided by Subsection (c), this [This] |
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chapter applies only to a sign that is: |
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(1) outdoors; and |
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(2) visible from the main-traveled way of a rural |
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road. |
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(c) This chapter does not apply to outdoor media located on |
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a state highway toll project, including a turnpike on the |
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Trans-Texas Corridor, if the media meets the requirements of |
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Subchapter C, Chapter 392. |
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SECTION 5. This Act takes effect September 1, 2007. |