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A BILL TO BE ENTITLED
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relating to the adoption of a state scenic byways program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 391.252, Transportation Code, is amended |
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by adding Subsection (d) to read as follows: |
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(d) The highways and roads listed under Subsection (a) are |
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designated as Texas Scenic Byways. |
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SECTION 2. Chapter 391, Transportation Code, is amended by |
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adding Subchapter J to read as follows: |
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SUBCHAPTER J. TEXAS SCENIC BYWAYS |
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Sec. 391.291. TEXAS SCENIC BYWAYS PROGRAM. (a) The |
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department shall plan, design, and establish a program for |
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designating highways as Texas Scenic Byways. |
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(b) The program must include a process by which the |
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department: |
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(1) develops grant projects in accordance with 23 |
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U.S.C. Section 162 for highways designated as Texas Scenic Byways, |
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National Scenic Byways, or All-American Roads; |
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(2) applies for grants under 23 U.S.C. Section 162 for |
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the projects; |
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(3) excludes from designation a highway or a segment |
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of a highway that no longer meets the criteria established by the |
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department for designation as a Texas Scenic Byway; and |
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(4) excludes from designation as a Texas Scenic Byway, |
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except to the extent necessary to preserve system continuity in |
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relation to signage or mapping, any segment of a highway that: |
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(A) is adjacent to land zoned as commercial or |
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industrial and does not have the scenic, historic, cultural, |
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natural, recreational, or archaeological qualities for which the |
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highway as a whole is being designated; or |
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(B) is located in an unincorporated area in which |
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three or more permanent commercial or industrial structures are |
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located. |
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(c) The department shall adopt rules to implement this |
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section. |
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Sec. 391.292. DEVELOPMENT OF GRANT PROJECTS. In developing |
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grant projects for designated highways under Section 391.291, the |
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department shall consider: |
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(1) the extent of the scenic, historic, cultural, |
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natural, recreational, and archeological characteristics of the |
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proposed byway; |
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(2) the impact of the proposed project on private |
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property rights along the byway; |
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(3) the proximity of the beginning and ending points |
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of the byway to a four-lane principal arterial road; |
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(4) the potential effectiveness of the route to draw a |
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varied audience and a sufficient number of travelers to justify |
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designation as a Texas Scenic Byway; |
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(5) the proximity of recreational opportunities to the |
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byway; |
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(6) methods to be used to inform travelers of the |
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byway's attractions; |
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(7) the suitability of road conditions to make |
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attractions accessible to travelers year-round; |
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(8) local commitment to make designation of the byway |
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successful; |
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(9) road improvement and maintenance costs required to |
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maintain the route as a Texas Scenic Byway; |
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(10) opportunities to further develop tourist |
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attractions along the byway; and |
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(11) whether there are adequate accommodations for |
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travelers along the byway route. |
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Sec. 391.293. PROMOTION OF TEXAS SCENIC BYWAYS. (a) The |
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department may erect appropriate signs along highways or sections |
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of highways indicating designation as a Texas Scenic Byway. |
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(b) The department may identify a designated highway as a |
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Texas Scenic Byway on an official state highway map prepared and |
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distributed by the department. |
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(c) The department shall design an official Texas Scenic |
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Byways logo. |
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Sec. 391.294. OFF-PREMISE SIGNS PROHIBITED. (a) In this |
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section, "off-premise sign" has the meaning assigned by Section |
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391.251. |
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(b) A person may not erect an off-premise sign along a |
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highway or a section of a highway designated as a Texas Scenic |
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Byway. This subsection applies only to an off-premise sign that is |
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erected on or after September 1, 2007. |
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(c) Subsection (b) does not apply to a highway described by |
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Sections 391.291(b)(3) and (4). |
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SECTION 3. This Act takes effect September 1, 2007. |