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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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and outdoor 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 BECAUSE OF HIGHWAY CONSTRUCTION, |
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PUBLIC INFRASTRUCTURE, OR PUBLIC IMPROVEMENT. (a) If a commercial |
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sign use, structure, or permit may not be continued because of the |
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widening, construction, or reconstruction of a highway, the |
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installation, expansion, or construction of public infrastructure, |
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or the undertaking of a public improvement project by a public |
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improvement district, the owner of the commercial sign is entitled |
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to relocate the use, structure, or permit to another location: |
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(1) on the same property; |
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(2) on adjacent property; |
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(3) on the same highway not more than one mile from the |
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previous location; or |
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(4) if the commercial sign is within a municipality or |
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the extraterritorial jurisdiction of a municipality, within that |
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municipality or its extraterritorial jurisdiction. |
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(b) Relocation under this section shall be to a location |
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where a commercial sign is permitted under Section 391.031. |
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(c) The county or municipality in which the use or structure |
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is located shall, if necessary, provide for the relocation by a |
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special exception to any applicable zoning ordinance. |
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(d) Any governmental entity, quasi-governmental entity, or |
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public utility that acquires a commercial sign by eminent domain or |
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causes the need for the commercial sign to be relocated under this |
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section shall pay the costs related to the acquisition or |
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relocation. |
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Sec. 391.037. OBSTRUCTION OF VIEW AND READABILITY. (a) If |
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the view and readability of a commercial sign are obstructed due to |
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a noise abatement or safety measure, a grade change, vegetation, |
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construction, an aesthetic improvement made by an agency of this |
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state, a directional sign, or widening along a highway, the owner of |
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the sign may: |
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(1) adjust the height of the sign; or |
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(2) relocate the sign to a location within 500 feet of |
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its previous location, if the sign complies with the spacing |
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requirements under this chapter and is in a location in which a |
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commercial sign is permitted under Section 391.031. |
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(b) A county or municipality in which the commercial sign is |
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located shall, if necessary, provide for the height adjustment or |
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relocation by a special exception to any applicable zoning |
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ordinance. |
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(c) Notwithstanding any height requirements established |
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under this subtitle, the adjusted or relocated commercial sign may |
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be erected to a height and angle to make it clearly visible to |
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traffic on the main-traveled way of the highway and must be the same |
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size as the previous sign. |
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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 SIGNS |
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Sec. 398.001. DEFINITION. In this chapter, "off-premise |
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sign" means an outdoor sign displaying advertising that pertains to |
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a business, person, organization, activity, event, place, service, |
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or product not principally located or primarily manufactured or |
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sold on the premises on which the sign is located. |
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Sec. 398.002. RIGHTS OF OWNER OF CERTAIN SIGNS. The rights |
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associated with an off-premise sign that is lawfully in existence |
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but no longer complies with current applicable laws and |
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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 off-premise sign. |
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SECTION 3. This Act takes effect September 1, 2023. |