80R5224 JLL-F
 
  By: Carona S.B. No. 731
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of an establishment to be included on a
specific information logo sign along a highway.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Sections 391.001(2), (9), and (12),
Transportation Code, are amended to read as follows:
             (2)  "Eligible highway" means a highway along which an
information logo sign may be located as determined by the
commission under Section 391.092(d) [that:
                   [(A)  is located outside an urbanized area with a
population of 50,000 or more and qualifies for a maximum speed limit
of 65 miles per hour under 23 U.S.C. Section 154 or, if that law is
repealed, qualified for a maximum speed limit of 65 miles per hour
on the day before the effective date of the repeal; or
                   [(B)  is a controlled-access highway located
inside an urbanized area with a population of 50,000 or more].
             (9)  "Major shopping area guide sign" means a
rectangular guide sign panel imprinted with the name of a major
shopping area eligible to have its name displayed as determined by
the commission under Section 391.0935 [, as it is commonly known to
the public,] and containing directional information to the major
shopping area.
             (12)  "Specific information logo sign" means a
rectangular sign imprinted with the words "GAS," "FOOD," "LODGING,"
[or] "CAMPING," "24 HOUR Rx," or "ATTRACTION," or with a
combination of those words, and the specific brand names of
commercial establishments offering those services or attractions.
       SECTION 2.  Section 391.092, Transportation Code, is amended
by adding Subsections (d) and (e) to read as follows:
       (d)  The commission shall adopt rules, in accordance with
applicable federal law, regulations, and guidelines, for
determining eligible highways along which specific information
logo signs and major shopping area guide signs may be located. If
permitted by federal law, regulations, or guidelines, the
commission may establish different highway eligibility criteria
for each type of sign.
       (e)  The commission by rule shall establish criteria for
determining which sites are acceptable for or excluded from
participation as an attraction on a specific information logo sign.  
For a commercial establishment to qualify as an attraction, the
establishment must:
             (1)  be an acceptable site as determined by the
commission;
             (2)  be of regional interest to the traveling public;
             (3)  have any required license or approval;
             (4)  provide adequate parking accommodations; and
             (5)  provide sanitary public restrooms.
       SECTION 3.  Section 391.093(a), Transportation Code, is
amended to read as follows:
       (a)  A commercial establishment, to be eligible to have its
name displayed on a specific information logo sign, must provide
gas, food, lodging, camping, or pharmacy services or qualify as an
attraction as determined by the commission under Section 391.092(e)
and be located not more than three miles from an interchange on an
eligible highway. If no service or attraction participating or
willing to participate in the specific information logo sign
program is located within three miles of an interchange, the
commission may grant permits for commercial establishments located
not farther than:
             (1)  six miles from the interchange;
             (2)  nine miles from the interchange if no service or
attraction participating or willing to participate in the program
is located within six miles from the interchange;
             (3)  12 miles from the interchange if no service or
attraction participating or willing to participate in the program
is located within nine miles of the interchange; or
             (4)  15 miles from the interchange if no service or
attraction participating or willing to participate in the program
is located within 12 miles of the interchange.
       SECTION 4.  Sections 391.0935(a), (b), (d), and (f),
Transportation Code, are amended to read as follows:
       (a)  Unless the commission determines there is a conflict
with federal law, the commission shall establish a program that
allows the erection and maintenance of major shopping area guide
signs at appropriate locations along eligible [urban] highways.
       (b)  The commission shall adopt rules regulating the
content, composition, placement, erection, and maintenance of
major shopping area guide signs and supports within eligible
[urban] highway rights-of-way. The commission by rule shall
establish criteria for determining if a geographic area contains a
sufficient concentration of retail establishments to be considered
a major shopping area. A major shopping area is entitled to have
its name displayed on major shopping area guide signs if it meets
the criteria established by the commission and is located not
farther than three miles from an interchange on an eligible [urban]
highway.
       (d)  Major shopping area guide signs may be included as part
of exit direction signs, advance guide signs, and supplemental
guide signs and must include guide signs for both directions of
traffic on an eligible [urban] highway.
       (f)  The commission may contract with an individual, firm,
group, or association in this state to erect and maintain major
shopping area guide signs at appropriate locations along an
eligible [urban] highway.
       SECTION 5.  Sections 391.095(a) and (c), Transportation
Code, are amended to read as follows:
       (a)  The contractor installing a specific information logo
sign shall place the sign so that:
             (1)  the sign is at least 800 feet from the previous
interchange and at least 800 feet from the exit direction sign at
the interchange from which the services or attraction facilities
are available;
             (2)  two signs having the same legend are at least 800
feet apart, but are not excessively spaced; and
             (3)  a motorist, after following the sign, can
conveniently reenter the highway and continue in the original
direction of travel.
       (c)  If the service or attraction facilities are not visible
from an interchange ramp terminal, additional signs may be placed
along the ramp or at the ramp terminal.
       SECTION 6.  Section 391.099(a)(2), Transportation Code, is
amended to read as follows:
             (2)  "Eligible highway" means a highway that:
                   (A)  has noncontrolled access; and
                   (B)  is outside the corporate limits of a
municipality with a population of 50,000 [5,000] or more.
       SECTION 7.  Sections 391.001(3) and (8), Transportation
Code, are repealed.
       SECTION 8.  This Act takes effect September 1, 2007.