Bill Text: TX HB2806 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the relocation, adjustment, and ownership of commercial signs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2023-05-17 - Referred to Transportation [HB2806 Detail]
Download: Texas-2023-HB2806-Engrossed.html
| 88R20485 AJZ-F | ||
| By: Canales | H.B. No. 2806 | |
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| relating to the relocation, adjustment, and ownership of commercial | ||
| signs. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 391, Transportation Code, | ||
| is amended by adding Sections 391.0331 and 391.037 to read as | ||
| follows: | ||
| Sec. 391.0331. RELOCATION OF CERTAIN COMMERCIAL SIGNS | ||
| BECAUSE OF HIGHWAY CONSTRUCTION, PUBLIC INFRASTRUCTURE, OR PUBLIC | ||
| IMPROVEMENT. (a) If a commercial sign use, structure, or permit | ||
| may not be continued because of the widening, construction, or | ||
| reconstruction of a highway, the installation, expansion, or | ||
| construction of public infrastructure, or the undertaking of a | ||
| public improvement project by a public improvement district, the | ||
| owner of the commercial sign may relocate the use, structure, or | ||
| permit to another location permitted by this chapter or rules | ||
| adopted under this chapter. | ||
| (b) If the use or structure is located in a municipality, | ||
| the municipality in which the use or structure is located shall, if | ||
| necessary, provide for the relocation by a special exception to any | ||
| applicable ordinance. | ||
| Sec. 391.037. OBSTRUCTION OF VIEW AND READABILITY OF | ||
| CERTAIN COMMERCIAL SIGNS. (a) If the view and readability of a | ||
| commercial sign are obstructed due to a noise abatement or safety | ||
| measure, a grade change, vegetation, construction, an aesthetic | ||
| improvement made by an agency of this state, or a directional sign, | ||
| the owner of the commercial sign may relocate the sign to a location | ||
| in which a commercial sign is permitted under this chapter or rules | ||
| adopted under this chapter. The owner of the sign is responsible | ||
| for all costs associated with relocating a sign under this | ||
| subsection and is not entitled to any compensation for those costs. | ||
| (b) If the commercial sign is located in a municipality, the | ||
| municipality in which the commercial sign is located shall, if | ||
| necessary, provide for the relocation by a special exception to any | ||
| applicable ordinance. | ||
| SECTION 2. Subtitle H, Title 6, Transportation Code, is | ||
| amended by adding Chapter 398 to read as follows: | ||
| CHAPTER 398. PROVISIONS GENERALLY APPLICABLE TO OUTDOOR COMMERCIAL | ||
| SIGNS | ||
| Sec. 398.001. RIGHTS OF OWNER OF CERTAIN SIGNS. The rights | ||
| associated with a commercial sign, as defined by Section 391.001, | ||
| that was lawfully erected but no longer complies with current laws | ||
| and regulations, including laws and regulations promulgated under | ||
| Chapters 391 and 394 of this code, and Chapter 216, Local Government | ||
| Code, vest in the owner of the commercial sign. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
