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A BILL TO BE ENTITLED
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AN ACT
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relating to removal or reconstruction of certain outdoor |
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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. Subchapter B, Chapter 391, Transportation Code, |
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is amended by adding Section 391.0335 to read as follows: |
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Sec. 391.0335. COSTS FOR REMOVAL OF CERTAIN OUTDOOR |
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ADVERTISING WITHIN A MUNICIPALITY. (a) This section applies only |
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to outdoor advertising that is within a municipality or the |
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extraterritorial jurisdiction of a municipality. |
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(b) If outdoor advertising is required to be removed because |
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of the widening, construction, or reconstruction of a part of the |
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state highway system and if relocation of the outdoor advertising |
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would be allowed under the rules of the commission but is prohibited |
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by the charter or an ordinance or decision of a municipality, the |
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liability of the department relating to the removal of the outdoor |
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advertising is limited to the amount that the department would have |
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been required to pay if the outdoor advertising had been relocated |
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in accordance with rules of the commission. |
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(c) A municipality that prohibits the relocation of outdoor |
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advertising as described by Subsection (b) is liable for the |
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difference between the amount of the just compensation required for |
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the removal of the outdoor advertising and the amount for which the |
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department is liable under Subsection (b). |
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SECTION 2. Subchapter B, Chapter 391, Transportation Code, |
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is amended by adding Section 391.0331 to read as follows: |
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Sec. 391.0331. OBSTRUCTION OF VISIBILITY. (a) If the |
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visibility of outdoor advertising is obstructed due to a noise |
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abatement or safety measure, a grade change, construction, a |
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directional sign, or widening along a highway, the owner of the sign |
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may, if the sign conforms to state regulations, raise or lower the |
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height of the sign to make the sign clearly visible from the |
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main-traveled way; provided, however, that the height of the sign |
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shall be subject to the approval of the department with regard to |
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safety compliance. |
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(b) All expenses and costs under this section shall be borne |
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by the sign owner. |
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(c) Nothing in this section shall be construed as granting |
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any property rights, and nothing in this section shall be construed |
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as altering or affecting the property rights of a party in eminent |
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domain proceedings. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |