|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the regulation of signs by the Texas Department of |
|
Transportation. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 391.001, Transportation Code, is amended |
|
to read as follows: |
|
(12) "Sign" means a structure, display, light device, |
|
figure, painting, drawing, message, plaque, poster, billboard, or |
|
other thing that is designed, intended, or used to advertise or |
|
inform. |
|
(12) (13) "Specific information logo sign" means a |
|
rectangular sign imprinted with the words "GAS," "FOOD," "LODGING," |
|
"CAMPING," or "24 HOUR Rx," or with a combination of those words, |
|
and the specific brand names of commercial establishments offering |
|
those services. |
|
(13) (14) "Urban area" means an area defined by the |
|
commission in cooperation with local officials, subject to approval |
|
by the secretary of the United States Department of Transportation, |
|
that as a minimum includes an urban place as designated by the |
|
United States Bureau of the Census having a population of 5,000 or |
|
more and not located within an urbanized area. |
|
|
|
(14) (15) "Urbanized area" means an area defined by the |
|
commission in cooperation with local officials, subject to approval |
|
by the secretary of the United States Department of Transportation, |
|
that as a minimum includes an urbanized area as defined by the |
|
United States Bureau of the Census or that part of a multistate |
|
urbanized area located in this state. |
|
SECTION 2. Section 391.037, Transportation Code, is added |
|
to read as follows: |
|
(a) Except as provided in subsection (d), a sign may not be |
|
higher than 65 feet excluding a cutout that extends above the |
|
rectangular border, measured from the grade level of the centerline |
|
of the main-traveled way closest to the sign, at a point |
|
perpendicular to the sign location. |
|
(b) For purposes of this section, a frontage road of a |
|
controlled access highway or freeway is not considered the |
|
main-traveled way for purposes of this subsection. |
|
(c) In the event that the main-traveled way that is |
|
perpendicular to the sign structure is below grade, sign height |
|
will be measured from the base of the sign structure. |
|
(d) For a sign that is required to be removed as the result |
|
of a highway construction project, the sign owner may choose to |
|
relocate the sign to a new location, and the relocated sign may be |
|
constructed with the number of poles and type of materials as |
|
permitted for a newly constructed sign. A relocated sign may not |
|
exceed the lesser of: |
|
(1) the height that achieves the same degree of |
|
visibility 1 as the sign enjoyed at the prior location prior to the |
|
removal of the sign to accommodate the highway construction |
|
project; or |
|
(2) 85 feet excluding a cutout that extends above the |
|
rectangular border, measured from the grade level of the centerline |
|
of the main-traveled way closest to the sign, at a point |
|
perpendicular to the sign location. |
|
(3) The number of sign faces and lighting, if any, of |
|
the relocated sign may exceed the number of faces or lighting, if |
|
any, of the existing sign, as long as the number of sign faces and |
|
lighting would have been permitted for a newly constructed sign. |
|
SECTION 3. Not later than January 1, 2018, the Texas |
|
Transportation Commission shall adopt the rules to implement |
|
Sections 391.001 and 391.037, Transportation Code, as amended by |
|
this Act and shall repeal any rules that are inconsistent with |
|
Sections 391.001 and 391.037, Transportation Code, as amended by |
|
this Act. |
|
SECTION 4. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2017. |