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  H.B. No. 1486
 
 
 
 
AN ACT
  relating to signs posted under the memorial sign program for
  victims of certain vehicle accidents.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 201.909(e), (f), and (g),
  Transportation Code, are amended to read as follows:
         (e)  If the application meets the department's requirements
  and the applicant pays the memorial sign fee, the department shall
  erect a sign.  A sign posted under this section may remain posted
  for two years [one year].  At the end of the two-year [one-year]
  period the department may release the sign to the applicant.  The
  department is not required to release a sign that has been damaged.
         (f)  A sign posted under this section that is damaged shall
  be removed by the department.  Except as provided in Subsection
  (g), the department may post a new sign if it has been less than two
  years [one year] from the posting of the original sign and a person:
               (1)  submits a written request to the department to
  replace the sign; and
               (2)  submits a replacement fee in the amount provided
  under Subsection (d)(2).
         (g)  During the two-year [one-year] posting period the
  department shall replace a sign posted under this section that is
  damaged because of the department's negligence.
         SECTION 2.  Section 201.909, Transportation Code, applies to
  each memorial sign erected under that section, regardless of
  whether the sign was erected before, on, or after the effective date
  of this Act.
         SECTION 3.  If the Texas Department of Transportation
  determines or is informed by the applicable federal agency that
  implementation of Section 201.909, Transportation Code, as amended
  by this Act, would result in the loss to the department or this
  state of federal funds, the Texas Department of Transportation:
               (1)  is not required to comply with Section 201.909,
  Transportation Code, as amended by this Act, but shall comply with
  Section 201.909, Transportation Code, as that section existed
  immediately before the effective date of this Act; and
               (2)  not later than January 1, 2013, shall submit a
  report to the lieutenant governor and the speaker of the house of
  representatives regarding the determination by the department or
  the applicable federal agency.
         SECTION 4.  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, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1486 was passed by the House on April
  21, 2011, by the following vote:  Yeas 148, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1486 was passed by the Senate on May
  24, 2011, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor