By: Watson S.B. No. 2006     (Morrison)           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.