AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, county commissioners courts do not have the authority to prohibit the erection of off-premise signs in the unincorporated areas of a county.  Many counties want this authority.  This bill enables those commissioners courts to prohibit the erection of off-premise signs in the unincorporated areas of the county, but would not empower the commissioners court to require the relocation, reconstruction, or removal of an off-premise sign in existence as of the effective date of the bill.

 

As proposed, S.B. 1354 amends current law relating to the regulation of off-premise signs in the unincorporated area of a county.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Subchapter Z, Chapter 240, Local Government Code, by adding Section 240.908, as follows:

 

Sec. 240.908.  REGULATION OF OFF-PREMISE SIGNS.  (a) Defines, in this section, "sign" and "off-premise sign."

 

(b)   Authorizes the commissioners court of a county by order, notwithstanding any other law, to prohibit the erection of off-premise signs along roads in the unincorporated area of the county.  Prohibits the commissioners court from requiring the relocation, reconstruction, or removal of an off-premise sign in existence on the effective date of this section.

 

(c)   Requires the commissioners court, before the commissioners court of a county may issue an order under Subsection (b), to hold a public hearing on the proposed order.  Requires the commissioners court, before the 15th day before the date of the hearing, to publish notice of the hearing in a newspaper of general circulation in the county.

 

SECTION 2.  Effective date:  upon passage or September 1, 2011.