HBA-ALS H.B. 2698 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2698
By: Danburg
Land & Resource Management
3/25/1999
Introduced



BACKGROUND AND PURPOSE 

Historically when cities passed sign ordinances, often there were already
off-premise (billboards) signs in place.  Those signs were either
grandfathered as non-conforming uses or subject to removal under an
amortization plan.  Further, those non-conforming signs could be regularly
maintained and even repaired as long as the sign was not damaged to an
extent that it was destroyed by 60% or more. If such damage did occur, then
such a non-conforming sign was no longer authorized and the remaining
structure had to be removed. 

Recently, certain cities have ignored the historical treatment of
non-conforming signs and have issued new non-conforming permits for signs
to be built or re-built in a previously abandoned or damaged location.
H.B. 2698 clarifies that the non-conforming status attaches to the sign
structure and not to the location.  Thus, under this bill, a sign
voluntarily removed or blown down in a storm cannot be rebuilt or replaced
at that location if the location was previously declared illegal by city
ordinance. 
 
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 216.002, Local Government Code, to define
"non-conforming sign." Establishes that the nonconforming status of a sign
is the property of the sign's owner, and provides that if the owner
permanently removes the sign for a reason other than to comply under
Section 216.013, Local Government Code (Exceptions), then the sign's
nonconforming status is terminated. 

SECTION 2.  Amends Section 216.013, Local Government Code, by adding
Subsection (e), to provide that a nonconforming, off-premise sign permitted
for a nonconforming use is not eligible for replacement or reconstruction
at its current location except as provided in this chapter, notwithstanding
another law or action of the state or a political subdivision.  Provides
that the nonconforming use attaches to the original off-premise sign and
does not authorize another new, nonconforming, off-premise sign at that
location. 

SECTION 3.Emergency clause.
  Effective date: upon passage.