HBA-LJP H.B. 2141 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2141
By: Marchant
Land & Resource Management
4/19/2001
Introduced



BACKGROUND AND PURPOSE 

In 1985, the Texas Legislature modified the regulations governing signs to
comply with federal regulations, but established "grandfathering"
provisions that allowed an existing sign to remain until the sign needed to
be replaced.  Signs that do not meet current standards are nonconforming
signs.  Under current law, a municipality is authorized to require the
relocation, reconstruction, or removal of any sign within its corporate
limits or extraterritorial jurisdiction.  Some municipalities have used
this authorization to replace nonconforming signs with smaller
nonconforming signs.  House Bill 2141 prohibits a nonconforming, offpremise
sign that has been permitted to remain in place as a nonconforming use from
being eligible for replacement or reconstruction at its current location. 

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. 

ANALYSIS

House Bill 2141 amends the Local Government Code to prohibit a
nonconforming, off-premise sign that has been permitted to remain in place
as a nonconforming use from being eligible for replacement or
reconstruction at its current location.  The bill provides that the
nonconforming use attaches to the original off-premise sign and prohibits
the authorization of a new, nonconforming, off-premise sign at such
location. The bill provides that the definition of "non-conforming sign' is
a sign that was lawfully installed at its current location but no longer
complies with the local regulations. 

EFFECTIVE DATE

On passage.