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AN ACT
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relating to outdoor advertising signs regulated by the Texas |
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Department of Transportation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 391.038, Transportation Code, is amended |
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to read as follows: |
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Sec. 391.038. SIGN HEIGHT. (a) Except as otherwise |
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provided by this section, a sign may not be higher than 60 feet, |
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excluding a cutout that extends above the rectangular border of the |
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sign, measured: |
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(1) from the grade level of the centerline of the |
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main-traveled way, not including a frontage road of a controlled |
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access highway, closest to the sign at a point perpendicular to the |
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sign location; or |
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(2) if the main-traveled way is below grade, from the |
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base of the sign structure [This section applies only to a sign
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existing on March 1, 2017, that was erected before that date]. |
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(a-1) Subsection (a) does not apply to a sign regulated by a |
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municipality certified for local control under an agreement with |
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the department as provided by department rule. |
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(b) A sign existing on March 1, 2017, that was erected |
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before that date [described by Subsection (a)] may not be higher |
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than 85 feet, excluding a cutout that extends above the rectangular |
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border of the sign, measured: |
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(1) from the grade level of the centerline of the |
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main-traveled way, not including a frontage road of a controlled |
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access highway, closest to the sign at a point perpendicular to the |
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sign location; or |
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(2) if the main-traveled way is below grade, from the |
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base of the sign structure. |
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(c) A person who holds a permit for a sign existing on March |
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1, 2017, that was erected before that date may rebuild the [a] sign |
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[described by Subsection (a) without obtaining a new or amended
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permit from the department], provided that the sign is rebuilt at |
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the same location where the sign existed on that date [March 1,
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2017, and] at a height that does not exceed the lesser of: |
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(1) the height of the sign on March 1, 2017; or |
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(2) 85 feet [that date]. |
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(c-1) Except as provided by Subsection (c-2), before |
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rebuilding a sign under Subsection (c), the person who holds the |
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permit for the sign must obtain a new or amended permit if required |
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by: |
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(1) a provision of this chapter; or |
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(2) a rule adopted to implement a provision of this |
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chapter. |
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(c-2) Subsection (c-1) does not apply to the rebuilding of a |
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sign under Subsection (c) if the person who holds the permit for the |
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sign rebuilds because of damage to the sign caused by: |
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(1) wind or a natural disaster; |
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(2) a motor vehicle accident; or |
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(3) an act of God. |
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SECTION 2. Subchapter B, Chapter 391, Transportation Code, |
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is amended by adding Section 391.0381 to read as follows: |
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Sec. 391.0381. VIOLATIONS BY CERTAIN PERSONS OF SIGN HEIGHT |
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PROVISION: PERMIT DENIAL. (a) This section applies only to a |
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person who has permits for 100 or more signs. |
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(b) If a sign for which a person has a permit violates |
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Section 391.038 or a rule adopted to implement that section, the |
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commission may, after notice and an opportunity for a hearing |
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before the commission, deny an application for a permit requested |
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by the person on or after the date of the violation. |
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(c) After notice and an opportunity for hearing before the |
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commission, the commission may deny an application for a permit or |
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permit renewal for a sign if another sign for which the person has a |
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permit is in violation of Section 391.038. The commission is not |
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required to issue a permit to or renew a permit of the person for a |
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sign until all signs for which the person has a permit comply with |
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Section 391.038. |
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SECTION 3. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 357 passed the Senate on |
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March 25, 2019, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendments on May 21, 2019, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 357 passed the House, with |
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amendments, on May 16, 2019, by the following vote: Yeas 116, |
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Nays 17, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |