HBA-DMH C.S.S.B. 1128 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 1128
By: Bernsen
Transportation
5/18/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, many Texas cities have provisions restricting or prohibiting the
construction of billboards. However, there are no analogous restrictions
that apply to roadways in rural and unincorporated areas. C.S.S.B. 1128
sets forth regulations regarding billboards along certain roadways and
establishes design considerations the Texas Department of Transportation is
required to consider when developing transportation projects that involve
the construction, reconstruction, rehabilitation, or resurfacing of a
highway other than a maintenance resurfacing project. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Transportation Commission in
SECTION 1 (Section 201.614, Transportation Code) of this bill. 

ANALYSIS

C.S.S.B. 1128 amends the Transportation Code to set forth certain design
factors the Texas Department of Transportation (TxDOT) is required to
consider when developing transportation projects that involve the
construction, reconstruction, rehabilitation, or resurfacing of a highway
other than a maintenance resurfacing project.  The bill requires the Texas
Transportation Commission to adopt rules to implement the design
considerations.  

The bill requires TxDOT to spend not less than $6 million annually for the
installation and maintenance, for functional and aesthetic design purposes,
of highway landscape improvements.  The bill requires TxDOT to make
reasonable efforts to spend more than $6 million annually for landscape
improvements and prohibits TxDOT from installing or maintaining landscape
improvements that will obscure a lawfully erected off-premise sign
displaying advertising that pertains to a business, person, organization,
activity, event, place, service, or product not principally located or
primarily manufactured or sold on the premises on which the sign is
located.  The bill authorizes TxDOT to accept gifts, grants, and
contributions from private and other sources for installing and maintaining
landscaping improvements and provides that the use of gifts and grants is
subject only to limitations contained in the gift or grant. 

The bill prohibits a person from erecting an off-premise sign that is
adjacent to and visible from specified roadways or located in certain
national forests.  The bill prohibits these provisions from affecting the
ability of a municipality to regulate a sign located on a portion of one of
the specified roadways that is within the corporate limits or
extraterritorial jurisdiction of the municipality. 

An off-premise sign that is visible from one of the specified roadways 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 such
activity is not more than 60 percent of the cost of erecting a new
off-premise sign of the same size, type, and construction at the same
location.  The bill requires TxDOT to permit the relocation of an
off-premise sign adjacent to and visible from one of the specified roadways
to another location that is adjacent to and visible from the same roadway
if:  
 
_the construction, reconstruction, or expansion of a roadway requires the
removal of the sign; 

_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  

_TxDOT provides a minimum of three alternate sites for the relocation of
the sign within 30 days of receipt of a request for a relocation site. 

The bill authorizes the owner of an off-premise sign that is reerected,
reconstructed, repaired, rebuilt, or relocated to alter the materials and
design of the sign to reduce the number of upright supports in a manner
that meets or exceeds the preexisting structural specifications. 

A person who violates the provisions relating to the placement of
billboards on the specified roadways is liable to the state for a civil
penalty of not less than $500 or more than $1,000.  A separate penalty may
be imposed for each day a continuing violation occurs.  The bill sets forth
provisions regarding a suit to collect the penalty and disposition of the
collected monies. 

The bill requires TxDOT to study current regulations affecting billboards
in this state and the feasibility of adopting a scenic byways program in
accordance with the national scenic byways program and to report the
findings of the study to the 78th Legislature not later than January 1,
2003. 

EFFECTIVE DATE

September 1, 2001.  

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 1128 differs from the original bill by prohibiting the Texas
Department of Transportation (TxDOT) from maintaining landscape
improvements that will obscure a lawfully erected off-premise sign. The
substitute specifies that the prohibition against erecting an off-premise
sign does not affect a municipality's regulatory authority relating to
certain off-premise signs located along a specified roadway within the
municipality's corporate units or extraterritorial jurisdiction.  The
substitute provides that these provisions do not prohibit a person from
erecting an off-premise sign permitted by other law, rule, or regulation
that is adjacent to and visible from the specified roadways if the intended
purpose of the sign is to create visibility limited to such a roadway.  The
bill requires TxDOT, rather than authorizes TxDOT by rule, to permit the
relocation of an off-premise sign adjacent to and visible from a prohibited
roadway.  

The substitute requires TxDOT to permit the relocation of an off-premise
sign adjacent to and visible from a specified roadway to another location
that is visible from the same roadway if TxDOT provides a minimum of three
alternate sites for the relocation of the sign within 30 days of receipt of
a request for a relocation site.  The substitute removes the provision that
TxDOT must approve the relocation of the sign. The substitute authorizes
the owner of an off-premise sign that is reerected, reconstructed,
repaired, rebuilt, or relocated to alter the materials and design of the
sign to reduce the number of upright supports consistent with preexisting
structural specifications. 

The substitute provides that before a suit may be brought for an
off-premise sign violation, the substitute requires that the owner of the
off-premise sign be notified in writing of the violation and specifies the
information that the written notice must contain.  The substitute includes
provisions relating to the study of current regulations affecting
billboards and the feasibility of adopting a scenic byways program.