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A BILL TO BE ENTITLED
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AN ACT
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relating to the relocation, adjustment, and ownership of commercial |
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signs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 391, Transportation Code, |
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is amended by adding Sections 391.0331 and 391.037 to read as |
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follows: |
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Sec. 391.0331. RELOCATION OF CERTAIN COMMERCIAL SIGNS |
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BECAUSE OF HIGHWAY CONSTRUCTION, PUBLIC INFRASTRUCTURE, OR PUBLIC |
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IMPROVEMENT. (a) If a commercial sign use, structure, or permit |
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may not be continued because of the widening, construction, or |
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reconstruction of a highway, the installation, expansion, or |
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construction of public infrastructure, or the undertaking of a |
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public improvement project by a public improvement district, the |
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owner of the commercial sign may relocate the use, structure, or |
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permit to another location permitted by this chapter or rules |
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adopted under this chapter. |
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(b) If the use or structure is located in a municipality, |
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the municipality in which the use or structure is located shall, if |
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necessary, provide for the relocation by a special exception to any |
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applicable ordinance. |
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Sec. 391.037. OBSTRUCTION OF VIEW AND READABILITY OF |
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CERTAIN COMMERCIAL SIGNS. (a) If the view and readability of a |
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commercial sign are obstructed due to a noise abatement or safety |
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measure, a grade change, vegetation, construction, an aesthetic |
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improvement made by an agency of this state, or a directional sign, |
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the owner of the commercial sign may relocate the sign to a location |
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in which a commercial sign is permitted under this chapter or rules |
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adopted under this chapter. The owner of the sign is responsible |
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for all costs associated with relocating a sign under this |
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subsection and is not entitled to any compensation for those costs. |
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(b) If the commercial sign is located in a municipality, the |
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municipality in which the commercial sign is located shall, if |
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necessary, provide for the relocation by a special exception to any |
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applicable ordinance. |
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SECTION 2. Subtitle H, Title 6, Transportation Code, is |
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amended by adding Chapter 398 to read as follows: |
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CHAPTER 398. PROVISIONS GENERALLY APPLICABLE TO OUTDOOR COMMERCIAL |
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SIGNS |
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Sec. 398.001. RIGHTS OF OWNER OF CERTAIN SIGNS. The rights |
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associated with a commercial sign, as defined by Section 391.001, |
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that was lawfully erected but no longer complies with current laws |
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and regulations, including laws and regulations promulgated under |
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Chapters 391 and 394 of this code, and Chapter 216, Local Government |
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Code, vest in the owner of the commercial sign. |
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SECTION 3. This Act takes effect September 1, 2023. |