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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of outdoor advertising by the Texas |
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Department of Transportation; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 216.003(a), Local Government Code, is |
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amended to read as follows: |
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(a) Subject to the requirements of this subchapter, a |
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municipality may require the relocation, reconstruction, or |
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removal of any sign within its corporate limits [or
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extraterritorial jurisdiction]. |
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SECTION 2. Section 216.004(a), Local Government Code, is |
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amended to read as follows: |
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(a) If a municipality requires the relocation, |
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reconstruction, or removal of a sign within its corporate limits |
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[or extraterritorial jurisdiction], the presiding officer of the |
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governing body of the municipality shall appoint a municipal board |
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on sign control. The board must be composed of: |
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(1) two real estate appraisers, each of whom must be a |
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member in good standing of a nationally recognized professional |
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appraiser society or trade organization that has an established |
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code of ethics, educational program, and professional |
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certification program; |
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(2) one person engaged in the sign business in the |
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municipality; |
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(3) one employee of the Texas Department of |
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Transportation who is familiar with real estate valuations in |
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eminent domain proceedings; and |
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(4) one architect or landscape architect licensed by |
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this state. |
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SECTION 3. Section 216.015(a), Local Government Code, is |
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amended to read as follows: |
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(a) The legislature declares that it would not have enacted |
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the following without the inclusion of Section 216.010(a), to the |
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extent that provision excludes methods of compensation not |
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specifically authorized by that provision: |
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(1) this subchapter; |
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(2) [Section 216.902;
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[(3)] Article 2, Chapter 221, Acts of the 69th |
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Legislature, Regular Session, 1985 (codified as Chapter 394, |
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Transportation Code); and |
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(3) [(4)] the amendments made to Section 3, Property |
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Redevelopment and Tax Abatement Act (codified as Chapter 312, Tax |
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Code) by Article 4, Chapter 221, Acts of the 69th Legislature, |
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Regular Session, 1985. |
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SECTION 4. Section 391.031, Transportation Code, is amended |
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by adding Subsection (a-1) to read as follows: |
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(a-1) A person commits an offense if the person erects or |
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maintains outdoor advertising, or allows outdoor advertising to be |
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erected or maintained on property owned by the person, that is |
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higher than 65 feet, excluding a cutout that extends above the |
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rectangular border, measured from the highest point on the sign to |
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the grade level of the road from which the sign is viewed. |
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SECTION 5. Section 391.252(b), Transportation Code, is |
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amended to read as follows: |
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(b) This section does not affect the ability of a |
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municipality to regulate a sign located on the portion of a roadway |
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listed in Subsection (a) that is within the corporate limits [or
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extraterritorial jurisdiction] of the municipality in accordance |
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with Chapter 216, Local Government Code. |
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SECTION 6. Section 394.002(b), Transportation Code, is |
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amended to read as follows: |
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(b) In this section, "rural road" means a road, street, way, |
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or bridge: |
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(1) that is located in an unincorporated area, |
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including the extraterritorial jurisdiction of a municipality; |
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(2) that is not privately owned or controlled; |
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(3) any part of which is open to the public for |
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vehicular traffic; and |
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(4) that is under the jurisdiction of this state or a |
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political subdivision of this state. |
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SECTION 7. Section 394.041(a), Transportation Code, is |
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amended to read as follows: |
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(a) An on-premise or off-premise sign may not be higher than |
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65 [42-1/2] feet, excluding a cutout that extends above the |
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rectangular border, measured from the highest point on the sign to |
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the grade level of the road from which the sign is viewed. |
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SECTION 8. Section 394.062, Transportation Code, is amended |
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to read as follows: |
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Sec. 394.062. CONFLICT WITH OTHER LAWS. [(a)] A county |
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prohibition or regulation adopted under Section 394.061 prevails |
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over a state law or rule if there is a conflict. |
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[(b)
A municipal sign ordinance that has been extended to
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territory in the municipality's extraterritorial jurisdiction
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under Section 216.902, Local Government Code, prevails in that
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territory over a county prohibition or regulation adopted under
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Section 394.061 if there is a conflict.] |
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SECTION 9. The following provisions of law are repealed: |
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(1) Article 4.11(c), Code of Criminal Procedure; |
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(2) Sections 26.045(f) and 27.031(c), Government |
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Code; and |
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(3) Sections 216.0035 and 216.902, Local Government |
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Code. |
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SECTION 10. The changes in law made to Section 391.031, |
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Transportation Code, by this Act apply only to outdoor advertising |
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erected on or after the effective date of this Act. |
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SECTION 11. This Act takes effect September 1, 2017. |