CHAPTER 395. OUTDOOR SIGNS AND MOTORIST INFORMATION PANELS ON TOLL ROADS IN CERTAIN COUNTIES
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE H. HIGHWAY BEAUTIFICATION
CHAPTER 395. OUTDOOR SIGNS AND MOTORIST INFORMATION PANELS ON
TOLL ROADS IN CERTAIN COUNTIES
SUBCHAPTER A. REGULATION OF OUTDOOR SIGNS BY TOLL ROAD AUTHORITY
Sec. 395.001. APPLICATION OF SUBCHAPTER. (a) This subchapter
applies only to:
(1) the governing body of a toll road authority:
(A) in which a county with a population of 3.3 million or more
is located; or
(B) that is adjacent to a county with a population of 3.3
million or more and in which a municipality with a population of
more than 60,000 is located; and
(2) an outdoor sign.
(b) Chapter 393 does not apply to the placement of a sign to
which this subchapter applies.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch.
281, Sec. 2.79, eff. June 14, 2005.
Sec. 395.002. DEFINITIONS. In this subchapter:
(1) "Governing body" includes only the governing body of a toll
road authority.
(2) "Sign" means a display, light, device, figure, painting,
drawing, message, plaque, poster, or other thing designed or used
to advertise or inform.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 395.003. REGULATION OF SIGNS. The governing body of a toll
road authority may adopt rules to license, regulate, or prohibit
the placement of a sign visible from the main-traveled way of a
toll road in the authority and erected for the purpose of having
the message seen from the main-traveled way if the authority
determines the rules are necessary to restore, preserve, or
enhance the scenic beauty of the property within view of the
road.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 395.004. MUNICIPAL ORDINANCES. (a) If the governing body
adopts a rule under this subchapter that applies to a sign on
property located in the territory of a municipality that has
adopted an ordinance regulating the placement of a sign on the
property, the rule must be at least as stringent as the
ordinance.
(b) This subchapter does not affect the authority of a
municipality to adopt an ordinance regulating the placement of a
sign within the view of a toll road located in the territory of
the municipality.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 395.005. COMPENSATION FOR SIGNS. (a) If the governing
body requires the removal of a sign:
(1) the owner of the sign is entitled to compensation for the
cash value for the tangible physical property constituting the
sign structure; and
(2) the owner of the real property on which the sign is located
is entitled to compensation for the decrease in the value of the
real property.
(b) Compensation under this section is determined under the
standards and procedures applicable to a proceeding under Chapter
21, Property Code.
(c) The governing body may use only a method or a combination of
methods described by this subchapter to pay compensation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 395.006. TAX ABATEMENT. (a) The governing body, with the
approval of the commissioners court and in accordance with
Chapter 312, Tax Code, may abate county property taxes owed by
the owner of a sign to be removed.
(b) The governing body may declare an area to be a reinvestment
zone for the purpose of abating property taxes under this section
if the area encompasses a sign to be removed.
(c) The governing body may abate taxes on any real or personal
property in the county that is owned by the owner of the sign,
except residential property.
(d) The holder of a right of tax abatement may assign the right.
An assignee may use the right of tax abatement on any
nonresidential property in the county.
(e) In a county in which tax abatement is used to pay
compensation under this subchapter, the compensation must include
reasonable interest.
(f) A tax abatement period may not exceed five years.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 395.007. SIGN ABATEMENT AND BEAUTIFICATION FUND. (a) The
governing body may deposit all or part of the county property tax
paid on a sign, on the real property on which a sign is located,
or on other real or personal property owned by the owner of a
sign to the credit of a sign abatement and community
beautification fund in the county treasury.
(b) The governing body may use money in the fund to compensate
the owner of a sign required to be removed under this subchapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 395.008. SIGN ABATEMENT REVENUE BONDS. (a) The governing
body may issue sign abatement revenue bonds.
(b) The governing body may use the proceeds from the bonds only
to compensate the owner of a sign required to be removed under
this subchapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 395.009. CASH. The governing body may pay compensation in
cash.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 395.010. PENALTY. (a) A person commits an offense if the
person violates a rule adopted under this subchapter that defines
an offense.
(b) An offense under this section is a Class C misdemeanor.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER B. TOLL ROAD INFORMATIONAL SIGNS
Sec. 395.051. APPLICATION OF SUBCHAPTER. (a) This subchapter
applies only to a county with a population of more than 3.3
million or a county adjacent to a county with a population of
more than 3.3 million in which a municipality with a population
of more than 60,000 is located.
(b) Chapter 393 does not apply to the placement of a panel or
sign to which this subchapter applies.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 669, Sec. 136, eff. Sept. 1,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
281, Sec. 2.80, eff. June 14, 2005.
Sec. 395.052. DEFINITIONS. In this subchapter:
(1) "Business sign" means a sign that contains the brand,
trademark, name, or logo of a qualified business.
(2) "Motorist information panel" means a rectangular panel
placed on a highway that contains at least one business sign
advertising a business available within a certain distance of
that interchange.
(3) "Qualified business" means a business that meets the
requirements of rules adopted by the commissioners court of a
county under this subchapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 395.053. ERECTION OF MOTORIST INFORMATION PANELS. (a)
Except as provided by Subsection (b), the commissioners court of
a county by order may erect and maintain motorist information
panels in a right-of-way along a toll road in the county.
(b) The commissioners court may not erect a motorist information
panel in an area that does not have a qualified business.
(c) The county must erect each panel on and below the exit
identification sign preceding the exit direction sign at an
interchange.
(d) The county may erect more than one panel for each
interchange.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 395.054. REGULATION OF BUSINESS SIGNS. (a) The
commissioners court may adopt orders for administration of this
subchapter.
(b) The commissioners court by order shall provide for:
(1) spacing requirements between signs;
(2) height and face restrictions for the total panel area; and
(3) size and face restrictions for each business sign on a
motorist information panel.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 395.055. APPLICATION FOR BUSINESS SIGN ON PANEL. (a) The
commissioners court by order shall specify:
(1) the time and manner of applying for a business sign on a
motorist information panel;
(2) the form of and required information for an application; and
(3) a reasonable annual fee for each business sign on the panel.
(b) To advertise on a motorist information panel, a person must
apply to the commissioners court. The person shall comply with
each order adopted by the commissioners court regarding business
signs.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 395.056. ACCOUNT. (a) The commissioners court shall
deposit money received under this subchapter to the credit of an
account in the county general fund.
(b) The commissioners court may use money in the account only to
erect, maintain, or regulate motorist information panels.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 395.057. REGULATION BY TOLL ROAD AUTHORITY. A toll road
authority may not regulate a motorist information panel or
business sign erected, maintained, or regulated under this
subchapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 395.058. CONFLICT WITH MUNICIPAL ORDINANCE. (a) This
subchapter does not authorize a commissioners court to issue an
order or regulation that conflicts with a municipal ordinance
pertaining to billboards or outdoor advertising.
(b) An order or regulation issued under this subchapter that
conflicts with a municipal ordinance is void.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.