By: Wray H.B. No. 3860

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.