HBA-TBM H.B. 2512 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2512
By: Coleman
Transportation
4/27/2001
Introduced



BACKGROUND AND PURPOSE 

Current law in Texas may not adequately provide for the beautifying of
Texas landscapes.  Some people consider billboards erected along Texas
highways to be detrimental to the scenic views such highways offer.  House
Bill 2512 provides for the inclusion of landscaping in highway construction
projects and prohibits the construction of billboards.   

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 3 (Section 201.614, Transportation Code) and to the Texas
Department of Transportation in SECTION 9 (Section 430.002, Transportation
Code) in this bill.  
ANALYSIS

House Bill 2512 amends the Transportation Code to set forth the 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.  Any person directly affected by the
project under consideration is authorized to petition the Texas
Transportation Commission (TTC) for a written review of its findings
regarding the considerations.  The bill requires TTC to adopt rules to
implement the design considerations (Sec. 201.614).   

The bill requires TxDOT to allocate to the department district or districts
in which a highway project is located an amount equal to not less than one
percent of the amount to be spent under the contract for construction,
maintenance, or improvement of the highway, not less than half of which is
required to be spent on landscaping improvements.  The bill sets forth
provisions regarding the distribution and use of the allocation.  TxDOT is
authorized to accept gifts, grants, and contributions from private and
other sources to fund landscaping allocations (Sec. 201.708).  The bill
establishes the landscape enhancement account as an account in the general
revenue fund that may be appropriated to TxDOT only for the purposes of
funding landscaping allocations.  The account is composed of money
transferred to the account by the legislature for the purposes of funding
landscaping allocations, gifts, grants, and contributions received by
TxDOT, and civil penalties collected for violations relating to the
construction of billboards (Sec. 201.709). The bill provides that the wind
resistance requirements for an on-premise or off-premise sign apply only
when the sign is displayed (Sec. 394.043).   

The bill prohibits a person from erecting a billboard or from repairing or
rebuilding a substantially destroyed billboard that is visible from a
highway with certain exceptions.  A billboard is substantially destroyed if
the cost of repairing or rebuilding the billboard is more than 60 percent
of the cost of erecting a new billboard of the same size, type, and
construction at the same location.  The bill requires TxDOT to adopt rules
for the administration and enforcement of these provisions (Sec. 430.002).
The bill provides for the relocation of a billboard and authorizes TTC to
designate protected highways or portions of highways in the state along
which a billboard may not be relocated (Sec. 430.003).   A person who
violates the provisions relating to the placement of billboards is liable
to the state for a civil penalty of not less than $500 or more than $1,000.
A separate penalty may be collected 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 (Sec. 430.004).   

The bill amends the Local Government and the Transportation codes to
provide that provisions relating to the regulation of signs by
municipalities and home-rule municipalities and the regulation of outdoor
signs on rural roads are subject to the prohibition against the
construction of new billboards (Secs. 216.001 and 216.901, Local Government
Code and Sec. 394.006, Transportation Code).   

EFFECTIVE DATE

September 1, 2001.