Bill Text: TX HB3855 | 2017-2018 | 85th Legislature | Comm Sub


Bill Title: Relating to erecting or maintaining certain outdoor signs regulated by the Texas Department of Transportation.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-05-10 - Placed on General State Calendar [HB3855 Detail]

Download: Texas-2017-HB3855-Comm_Sub.html
  85R24496 JAM-F
 
  By: Morrison H.B. No. 3855
 
  Substitute the following for H.B. No. 3855:
 
  By:  Morrison C.S.H.B. No. 3855
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to erecting or maintaining certain outdoor signs regulated
  by the Texas Department of Transportation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 201.931(2), Transportation Code, is
  amended to read as follows:
               (2)  "License" means  a license or permit for a
  commercial sign [outdoor advertising] issued under Chapter 391 or
  for an off-premise sign issued under Chapter 394.
         SECTION 2.  Section 391.001, Transportation Code, is amended
  by adding Subdivisions (1-a) and (11-a) to read as follows:
               (1-a)  "Commercial sign" means a sign that is:
                     (A)  intended to be leased, or for which payment
  of any type is intended to be or is received, for the display of any
  good, service, brand, slogan, message, product, or company, except
  that the term does not include a sign that is leased to a business
  entity and located on the same property on which the business is
  located; or
                     (B)  located on property owned or leased for the
  primary purpose of displaying a sign.
               (11-a) "Sign" means any structure, display, light,
  device, figure, painting, drawing, message, plaque, placard,
  poster, billboard, logo, or symbol that is designed, intended, or
  used to advertise or inform.
         SECTION 3.  Section 391.002(b), Transportation Code, is
  amended to read as follows:
         (b)  The legislature declares that it is necessary to
  regulate the erection and maintenance of commercial signs [outdoor
  advertising] and the establishment, operation, and maintenance of
  junkyards in areas adjacent to the interstate and primary systems
  to:
               (1)  promote the health, safety, welfare, morals,
  convenience, and enjoyment of the traveling public; and
               (2)  protect the public investment in the interstate
  and primary systems.
         SECTION 4.  Section 391.006(a), Transportation Code, is
  amended to read as follows:
         (a)  The commission by rule shall establish procedures for
  accepting and resolving written complaints related to signs that
  are subject to [outdoor advertising under] this chapter.  The rules
  must include:
               (1)  a process to make information available describing
  the department's procedures for complaint investigation and
  resolution, including making information about the procedures
  available on the department's Internet website;
               (2)  a system to prioritize complaints so that the most
  serious complaints receive attention before less serious
  complaints; and
               (3)  a procedure for compiling and reporting detailed
  annual statistics about complaints.
         SECTION 5.  The heading to Subchapter B, Chapter 391,
  Transportation Code, is amended to read as follows:
  SUBCHAPTER B. REGULATION OF COMMERCIAL SIGNS [OUTDOOR ADVERTISING]
  GENERALLY
         SECTION 6.  The heading to Section 391.031, Transportation
  Code, is amended to read as follows:
         Sec. 391.031.  UNLAWFUL COMMERCIAL SIGNS [OUTDOOR
  ADVERTISING]; OFFENSE.
         SECTION 7.  Section 391.031, Transportation Code, is amended
  by amending Subsection (a) and adding Subsection (b-1) to read as
  follows:
         (a)  A person commits an offense if the person erects or
  maintains a commercial sign [outdoor advertising], or allows a
  commercial sign [outdoor advertising] to be erected or maintained
  on property owned by the person:
               (1)  within 660 feet of the nearest edge of a
  right-of-way if the sign [advertising] is visible from the
  main-traveled way of the interstate or primary system; or
               (2)  outside an urban area if the sign [advertising] is
  located more than 660 feet from the nearest edge of a right-of-way,
  is visible from the main-traveled way of the interstate or primary
  system, and is erected for the purpose of having the sign [its
  message] seen from the main-traveled way of the interstate or
  primary system.
         (b-1)  A person does not commit an offense under this section
  if the person:
               (1)  erects or maintains a commercial sign located
  within 660 feet of the nearest edge of a right-of-way in an area in
  which the land use:
                     (A)  is designated industrial or commercial under
  authority of law; or
                     (B)  is not designated industrial or commercial
  under authority of law, but the land use is consistent with an area
  designated industrial or commercial; and
               (2)  holds a permit issued by the department for the
  sign.
         SECTION 8.  Section 391.032, Transportation Code, is amended
  to read as follows:
         Sec. 391.032.  REGULATION OF COMMERCIAL SIGNS [OUTDOOR
  ADVERTISING] IN INDUSTRIAL OR COMMERCIAL AREA. (a) The commission
  by rule may regulate the orderly and effective display of
  commercial signs [outdoor advertising] consistent with the
  customary use of commercial signs [outdoor advertising] in this
  state in an area in which the land use:
               (1)  is designated industrial or commercial under
  authority of law; and
               (2)  is not so designated but in which the land use is
  consistent with areas designated industrial or commercial in the
  manner provided by Section 391.031(c).
         (b)  The commission may agree with the secretary of the
  United States Department of Transportation to regulate the orderly
  and effective display of commercial signs [outdoor advertising] in
  an area described by Subsection (a).
         SECTION 9.  Section 391.033, Transportation Code, is amended
  to read as follows:
         Sec. 391.033.  ACQUISITION OF COMMERCIAL SIGNS [OUTDOOR
  ADVERTISING] BY COMMISSION. (a) The commission may purchase or
  acquire by eminent domain a commercial sign [outdoor advertising]
  that is lawfully in existence on a highway in the interstate or
  primary system.
         (b)  If an acquisition is by eminent domain, the commission
  shall pay just compensation to:
               (1)  the owner for the right, title, leasehold, and
  interest in the commercial sign [outdoor advertising]; and
               (2)  the owner or, if appropriate, the lessee of the
  real property on which the commercial sign [outdoor advertising] is
  located for the right to erect and maintain the sign [outdoor
  advertising].
         SECTION 10.  Section 391.034, Transportation Code, is
  amended to read as follows:
         Sec. 391.034.  NUISANCE [OUTDOOR ADVERTISING]; INJUNCTION.
  (a) A commercial sign [Outdoor advertising] that is erected or
  maintained in violation of this chapter:
               (1)  endangers the health, safety, welfare, morals,
  [convenience,] and enjoyment of the traveling public and the
  protection of the public investment in the interstate and primary
  highway systems; and
               (2)  is a public nuisance.
         (b)  On written notice by certified mail from the department,
  an owner of a commercial sign [outdoor advertising] that is a public
  nuisance under Subsection (a) shall remove the sign [advertising].
  If the owner does not remove the sign [outdoor advertising] within
  45 days of the date of the notice, the department may direct the
  attorney general to apply for an injunction to:
               (1)  prohibit the owner from maintaining the sign 
  [advertising]; and
               (2)  require the removal of the sign [advertising].
         (c)  The state is entitled to recover from the owner of a
  commercial sign [outdoor advertising] removed under an action
  brought under Subsection (b) all administrative and legal costs and
  expenses incurred to remove the sign [advertising], including court
  costs and reasonable attorney's fees.
         SECTION 11.  Section 391.036, Transportation Code, is
  amended to read as follows:
         Sec. 391.036.  SCOPE OF COMMISSION RESPONSIBILITY. The
  commission's responsibility for the regulation of commercial signs
  [outdoor advertising] is only on highways on the interstate and
  primary systems, including interstate highways, state highways,
  and farm-to-market roads [a federal-aid primary highway,
  interstate highway, state highway, or farm-to-market road].
         SECTION 12.  The heading to Subchapter C, Chapter 391,
  Transportation Code, is amended to read as follows:
  SUBCHAPTER C. LICENSE AND PERMIT FOR COMMERCIAL SIGNS [OUTDOOR
  ADVERTISING]
         SECTION 13.  The heading to Section 391.061, Transportation
  Code, is amended to read as follows:
         Sec. 391.061.  [OUTDOOR ADVERTISING WITHOUT] LICENSE FOR
  COMMERCIAL SIGNS; OFFENSE.
         SECTION 14.  Section 391.061(a), Transportation Code, is
  amended to read as follows:
         (a)  A person commits an offense if the person wilfully
  erects or maintains a commercial sign [outdoor advertising] in an
  area described by Section 391.031(a) without a license under this
  subchapter.
         SECTION 15.  Section 391.063, Transportation Code, is
  amended to read as follows:
         Sec. 391.063.  LICENSE FEE.  The commission may set the
  amount of a license fee according to a scale graduated by the number
  of commercial signs owned by the license applicant that are
  regulated under this chapter [units of outdoor advertising] and the
  number of off-premise signs owned by the license applicant and
  regulated under Chapter 394 [owned by a license applicant].
         SECTION 16.  Section 391.064(a), Transportation Code, is
  amended to read as follows:
         (a)  The surety bond required of an applicant for a license
  under Section 391.062 must be:
               (1)  in the amount of $2,500 for each county in the
  state in which the person erects or maintains a commercial sign
  [outdoor advertising]; and
               (2)  payable to the commission for reimbursement for
  removal costs of a commercial sign [outdoor advertising] that the
  license holder unlawfully erects or maintains.
         SECTION 17.  Section 391.065, Transportation Code, is
  amended to read as follows:
         Sec. 391.065.  RULES; FORMS. (a) The commission may adopt
  rules to implement this subchapter and Subchapters A and B
  [Sections 391.036, 391.061(a), 391.062, 391.063, 391.064, and
  391.066].
         (b)  For the efficient management and administration of this
  chapter and to reduce the number of employees required to enforce
  this chapter, the commission shall adopt rules for issuing
  standardized forms that are for submission by license holders and
  applicants and that provide for an accurate showing of the number,
  location, or other information required by the commission for each
  license holder's or applicant's commercial signs under this chapter
  [outdoor advertising] or off-premise signs under Chapter 394.
         (c)  The commission may not adopt a rule under this chapter
  that restricts competitive bidding or advertising by the holder of
  a license issued under this chapter other than a rule to prohibit
  false, misleading, or deceptive practices. The limitation provided
  by this section applies only to rules relating to the occupation of
  erecting or maintaining commercial signs [outdoor advertiser] and
  does not affect the commission's power to regulate the orderly and
  effective display of commercial signs [outdoor advertising] under
  this chapter. A rule to prohibit false, misleading, or deceptive
  practices may not:
               (1)  restrict the use of:
                     (A)  any legal medium for an advertisement;
                     (B)  the license holder's advertisement under a
  trade name; or
                     (C)  the license holder's personal appearance or
  voice in an advertisement, if the license holder is an individual;
  or
               (2)  relate to the size or duration of an advertisement
  by the license holder.
         SECTION 18.  Section 391.0661, Transportation Code, is
  amended to read as follows:
         Sec. 391.0661.  APPLICABILITY OF LICENSE.  In addition to
  authorizing a person to erect or maintain a commercial sign under
  this chapter [outdoor advertising], a license issued under this
  chapter authorizes a person to erect or maintain an off-premise
  sign under Chapter 394.
         SECTION 19.  The heading to Section 391.067, Transportation
  Code, is amended to read as follows:
         Sec. 391.067.  [OUTDOOR ADVERTISING WITHOUT] PERMIT FOR
  COMMERCIAL SIGNS; OFFENSE.
         SECTION 20.  Section 391.067(a), Transportation Code, is
  amended to read as follows:
         (a)  A person who has a license issued under this subchapter
  commits an offense if the person wilfully erects or maintains a
  commercial sign [outdoor advertising] for which a license is
  required under Section 391.061 unless that person also has a permit
  for the sign [outdoor advertising].
         SECTION 21.  Sections 391.068(a), (c), (d), and (e),
  Transportation Code, are amended to read as follows:
         (a)  Except as provided by Subsection (d), the commission
  shall issue a permit to a person with a license issued under this
  subchapter:
               (1)  whose license application complies with rules
  adopted under Section 391.065; and
               (2)  whose commercial sign [outdoor advertising],
  whether owned or leased, if erected would comply with this chapter
  and rules adopted under Section 391.032(a).
         (c)  A permit issued to regulate the erection and maintenance
  of a commercial sign [outdoor advertising] by a political
  subdivision of this state within that subdivision's jurisdiction
  shall be accepted in lieu of the permit required by this subchapter
  if the erection and maintenance of the sign [outdoor advertising]
  complies with this subchapter and rules adopted under Section
  391.032(a).
         (d)  In addition to the requirements of Subsection (a), if
  the commercial sign [outdoor advertising] is located within the
  jurisdiction of a municipality with a population of more than 1.9
  million that is exercising its authority to regulate commercial
  signs [outdoor advertising], the commission may issue a permit
  under this section only if the municipality:
               (1)  has not acted to prohibit new commercial signs
  [outdoor advertising] within the jurisdiction of the municipality;
  and
               (2)  has issued a permit authorizing the commercial
  sign [outdoor advertising].
         (e)  Subsection (d) does not apply to the relocation of a
  commercial sign [outdoor advertising] to another location if the
  construction, reconstruction, or expansion of a highway requires
  the removal of the sign [outdoor advertising].
         SECTION 22.  Section 391.070(a), Transportation Code, is
  amended to read as follows:
         (a)  The combined license and permit fees under this
  subchapter may not exceed $10 for a commercial sign [outdoor
  advertising] erected and maintained by a nonprofit organization in
  a municipality or a municipality's extraterritorial jurisdiction
  if the sign [advertising] relates to or promotes only the
  municipality or a political subdivision whose jurisdiction is
  wholly or partly concurrent with the municipality.
         SECTION 23.  The heading to Subchapter H, Chapter 391,
  Transportation Code, is amended to read as follows:
  SUBCHAPTER H. REGULATION OF COMMERCIAL SIGNS [OUTDOOR ADVERTISING]
  ON STATE HIGHWAY 288
         SECTION 24.  Section 391.211(a), Transportation Code, is
  amended to read as follows:
         (a)  This subchapter applies only to a commercial sign
  [outdoor advertising] that is erected on or after September 1,
  1993.
         SECTION 25.  Section 391.212, Transportation Code, is
  amended to read as follows:
         Sec. 391.212.  REGULATION OF CERTAIN COMMERCIAL SIGNS
  [OUTDOOR ADVERTISING]. The department may license or otherwise
  regulate the erection of a commercial sign [outdoor advertising]
  that is located within 1,000 feet of the center line of that part of
  State Highway 288 in the unincorporated area of a county.
         SECTION 26.  The heading to Section 391.252, Transportation
  Code, is amended to read as follows:
         Sec. 391.252.  [OFF-PREMISE SIGNS] PROHIBITED COMMERCIAL
  SIGNS.
         SECTION 27.  Sections 391.252(a) and (c), Transportation
  Code, are amended to read as follows:
         (a)  A person may not erect a commercial [an off-premise]
  sign that is adjacent to and visible from:
               (1)  U.S. Highway 290 between the western city limits
  of the city of Austin and the eastern city limits of the city of
  Fredericksburg;
               (2)  State Highway 317 between the northern city limits
  of the city of Belton to the southern city limits of the city of
  Valley Mills;
               (3)  State Highway 16 between the northern city limits
  of the city of Kerrville and Interstate Highway 20;
               (4)  U.S. Highway 77 between State Highway 186 and
  State Highway 44;
               (5)  U.S. Highway 281 between:
                     (A)  State Highway 186 and Interstate Highway 37,
  exclusive of the segment of U.S. Highway 281 located in the city
  limits of Three Rivers; and
                     (B)  the southern boundary line of Comal County
  and State Highway 306;
               (6)  State Highway 17 between State Highway 118 and
  U.S. Highway 90;
               (7)  State Highway 67 between U.S. Highway 90 and
  Farm-to-Market Road 170;
               (8)  Farm-to-Market Road 170 between State Highway 67
  and State Highway 118;
               (9)  State Highway 118 between Farm-to-Market Road 170
  and State Highway 17;
               (10)  State Highway 105 between the western city limits
  of the city of Sour Lake to the eastern city limits of the city of
  Cleveland;
               (11)  State Highway 73 between the eastern city limits
  of the city of Winnie to the western city limits of the city of Port
  Arthur;
               (12)  State Highway 21 between the southern city limits
  of the city of College Station and U.S. Highway 290;
               (13)  a highway located in:
                     (A)  the Sabine National Forest;
                     (B)  the Davy Crockett National Forest; or
                     (C)  the Sam Houston National Forest;
               (14)  Segments 1 through 4 of State Highway 130;
               (15)  a highway in Bandera County that is part of the
  state highway system;
               (16)  Farm-to-Market Road 3238 beginning at State
  Highway 71 and any extension of that road through Hays and Blanco
  Counties;
               (17)  Farm-to-Market Road 2978 between Farm-to-Market
  Road 1488 and the boundary line between Harris and Montgomery
  Counties;
               (18)  U.S. Highway 90 between the western city limits
  of the city of San Antonio and the eastern city limits of the city of
  Hondo; or
               (19)  the following highways in Austin County:
                     (A)  State Highway 159;
                     (B)  Farm-to-Market Road 331;
                     (C)  Farm-to-Market Road 529;
                     (D)  Farm-to-Market Road 1094; and
                     (E)  Farm-to-Market Road 2502.
         (c)  This section does not prohibit a person from erecting a
  commercial [an off-premise] sign permitted by other law, rule, or
  regulation that is adjacent to and visible from a roadway not listed
  in this section and is visible from a roadway listed under this
  section if the intended purpose of the sign is to be visible only
  from the roadway not listed under this section.
         SECTION 28.  Section 391.253, Transportation Code, is
  amended to read as follows:
         Sec. 391.253.  REERECTION, RECONSTRUCTION, REPAIR, OR
  REBUILDING OF COMMERCIAL [OFF-PREMISE] SIGNS. (a) A commercial
  [An off-premise] sign that is adjacent to and visible from a highway
  listed in Section 391.252 that is blown down, destroyed, taken
  down, or removed for a purpose other than maintenance or to change a
  letter, symbol, or other matter on the sign may be reerected,
  reconstructed, repaired, or rebuilt only if the cost of reerecting,
  reconstructing, repairing, or rebuilding the sign is not more than
  60 percent of the cost of erecting a new commercial [off-premise]
  sign of the same size, type, and construction at the same location.
         (b)  The department shall permit the relocation of a
  commercial [an off-premise] sign adjacent to and visible from a
  highway listed in Section 391.252 to another location that is
  adjacent to and visible from the same highway if:
               (1)  the construction, reconstruction, or expansion of
  a highway requires the removal of the sign;
               (2)  the sign is not modified to increase the
  above-grade height, the area of each sign face, the dimensions of
  the sign face, the number of sign faces, or the illumination of the
  sign; and
               (3)  the department identifies an alternate site for
  the relocation of the sign adjacent to and visible from the highway
  listed in Section 391.252.
         (c)  For purposes of this section, the department shall
  specify, within 30 days of receipt of a request for a relocation
  site, a minimum of three alternate sites that meet permitting
  requirements for a commercial [an off-premise] sign to be
  reerected, reconstructed, repaired, or rebuilt adjacent to and
  visible from a highway listed in Section 391.252.
         (d)  The owner of a commercial [an off-premise] sign that is
  reerected, reconstructed, repaired, or rebuilt according to
  Subsection (a) or relocated according to Subsection (b) may alter
  the materials and design of the sign to reduce the number of upright
  supports, subject to other restrictions in this section, in a
  manner that meets or exceeds the pre-existing structural
  specifications of the sign.
         SECTION 29.  Section 391.254(d), Transportation Code, is
  amended to read as follows:
         (d)  Before a suit may be brought for a violation of Section
  391.252, the attorney general, the district or county attorney for
  the county, or the municipal attorney of the municipality in which
  the violation is alleged to have occurred shall give the owner of
  the commercial [off-premise] sign a written notice that:
               (1)  describes the violation and specific location of
  the sign found to be in violation;
               (2)  states the amount of the proposed penalty for the
  violation; and
               (3)  gives the owner 30 days from receipt to remove the
  sign and cure the violation to avoid the penalty unless the sign
  owner was given notice and opportunity to cure a similar violation
  within the preceding 12 months.
         SECTION 30.  Section 394.0203, Transportation Code, is
  amended to read as follows:
         Sec. 394.0203.  LICENSE FEE.  The commission may set the
  amount of a license fee according to a scale graduated by the number
  of off-premise signs owned by the license applicant regulated under
  this chapter and commercial signs owned by the applicant regulated
  [units of outdoor advertising] under Chapter 391 [owned by a
  license applicant].
         SECTION 31.  Section 394.0205(b), Transportation Code, is
  amended to read as follows:
         (b)  For the efficient management and administration of this
  chapter and to reduce the number of employees required to enforce
  this chapter, the commission shall adopt rules for issuing
  standardized forms that are for submission by license holders and
  applicants and that provide for an accurate showing of the number,
  location, or other information required by the commission for each
  license holder's or applicant's off-premise signs under this
  chapter or commercial signs [outdoor advertising] under Chapter
  391.
         SECTION 32.  Section 394.0207, Transportation Code, is
  amended to read as follows:
         Sec. 394.0207.  APPLICABILITY OF LICENSE.  In addition to
  authorizing a person to erect or maintain an off-premise sign, a
  license issued under this chapter authorizes a person to erect or
  maintain a commercial sign [outdoor advertising] under Chapter 391.
         SECTION 33.  The following provisions of the Transportation
  Code are repealed:
               (1)  Section 391.001(10);
               (2)  Section 391.005;
               (3)  Section 391.031(b);
               (4)  Section 391.037;
               (5)  Section 391.061(c); and
               (6)  Section 391.251.
         SECTION 34.  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.
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