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  H.B. No. 3441
 
 
 
 
AN ACT
  relating to the eligibility of an establishment to be included on a
  specific information logo sign along a highway.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 391.001(2), (9), and (12),
  Transportation Code, are amended to read as follows:
               (2)  "Eligible highway" means a highway along which an
  information logo sign may be located as determined by the
  commission under Section 391.092(d) [that:
                     [(A)     is located outside an urbanized area with a
  population of 50,000 or more and qualifies for a maximum speed limit
  of 65 miles per hour under 23 U.S.C. Section 154 or, if that law is
  repealed, qualified for a maximum speed limit of 65 miles per hour
  on the day before the effective date of the repeal; or
                     [(B)     is a controlled-access highway located
  inside an urbanized area with a population of 50,000 or more].
               (9)  "Major shopping area guide sign" means a
  rectangular guide sign panel imprinted with the name of a major
  shopping area eligible to have its name displayed as determined by
  the commission under Section 391.0935 [, as it is commonly known to
  the public,] and containing directional information to the major
  shopping area.
               (12)  "Specific information logo sign" means a
  rectangular sign imprinted with the words "GAS," "FOOD," "LODGING,"
  [or] "CAMPING," or "24 HOUR Rx," or with a combination of those
  words, and the specific brand names of commercial establishments
  offering those services.
         SECTION 2.  Section 391.092, Transportation Code, is amended
  by adding Subsections (d) and (e) to read as follows:
         (d)  The commission shall adopt rules, in accordance with
  applicable federal law, regulations, and guidelines, for
  determining eligible highways along which specific information
  logo signs, major shopping area guide signs, and tourist-oriented
  directional signs may be located. If permitted by federal law,
  regulations, or guidelines, the commission may establish different
  highway eligibility criteria for each type of sign.
         (e)  In this section, "tourist-oriented directional signs" 
  has the meaning assigned by Section 391.099.
         SECTION 3.  Sections 391.0935(a), (b), (d), and (f),
  Transportation Code, are amended to read as follows:
         (a)  Unless the commission determines there is a conflict
  with federal law, the commission shall establish a program that
  allows the erection and maintenance of major shopping area guide
  signs at appropriate locations along eligible [urban] highways.
         (b)  The commission shall adopt rules regulating the
  content, composition, placement, erection, and maintenance of
  major shopping area guide signs and supports within eligible
  [urban] highway rights-of-way. The commission by rule shall
  establish criteria for determining if a geographic area contains a
  sufficient concentration of retail establishments to be considered
  a major shopping area. A major shopping area is entitled to have
  its name displayed on major shopping area guide signs if it meets
  the criteria established by the commission and is located not
  farther than three miles from an interchange on an eligible [urban]
  highway.
         (d)  Major shopping area guide signs may be included as part
  of exit direction signs, advance guide signs, and supplemental
  guide signs and must include guide signs for both directions of
  traffic on an eligible [urban] highway.
         (f)  The commission may contract with an individual, firm,
  group, or association in this state to erect and maintain major
  shopping area guide signs at appropriate locations along an
  eligible [urban] highway.
         SECTION 4.  Sections 391.001(3) and (8) and 391.099(a)(2),
  Transportation Code, are repealed.
         SECTION 5.  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, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3441 was passed by the House on May
  10, 2007, by the following vote:  Yeas 138, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3441 on May 25, 2007, by the following vote:  Yeas 143, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3441 was passed by the Senate, with
  amendments, on May 23, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor