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  S.B. No. 357
 
 
 
 
AN ACT
  relating to outdoor advertising signs regulated by the Texas
  Department of Transportation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 391.038, Transportation Code, is amended
  to read as follows:
         Sec. 391.038.  SIGN HEIGHT. (a) Except as otherwise
  provided by this section, a sign may not be higher than 60 feet,
  excluding a cutout that extends above the rectangular border of the
  sign, measured:
               (1)  from the grade level of the centerline of the
  main-traveled way, not including a frontage road of a controlled
  access highway, closest to the sign at a point perpendicular to the
  sign location; or
               (2)  if the main-traveled way is below grade, from the
  base of the sign structure [This section applies only to a sign
  existing on March 1, 2017, that was erected before that date].
         (a-1)  Subsection (a) does not apply to a sign regulated by a
  municipality certified for local control under an agreement with
  the department as provided by department rule.
         (b)  A sign existing on March 1, 2017, that was erected
  before that date [described by Subsection (a)] may not be higher
  than 85 feet, excluding a cutout that extends above the rectangular
  border of the sign, measured:
               (1)  from the grade level of the centerline of the
  main-traveled way, not including a frontage road of a controlled
  access highway, closest to the sign at a point perpendicular to the
  sign location; or
               (2)  if the main-traveled way is below grade, from the
  base of the sign structure.
         (c)  A person who holds a permit for a sign existing on March
  1, 2017, that was erected before that date may rebuild the [a] sign
  [described by Subsection (a) without obtaining a new or amended
  permit from the department], provided that the sign is rebuilt at
  the same location where the sign existed on that date [March 1,
  2017, and] at a height that does not exceed the lesser of:
               (1)  the height of the sign on March 1, 2017; or
               (2)  85 feet [that date].
         (c-1)  Except as provided by Subsection (c-2), before
  rebuilding a sign under Subsection (c), the person who holds the
  permit for the sign must obtain a new or amended permit if required
  by:
               (1)  a provision of this chapter; or
               (2)  a rule adopted to implement a provision of this
  chapter.
         (c-2)  Subsection (c-1) does not apply to the rebuilding of a
  sign under Subsection (c) if the person who holds the permit for the
  sign rebuilds because of damage to the sign caused by:
               (1)  wind or a natural disaster;
               (2)  a motor vehicle accident; or
               (3)  an act of God.
         SECTION 2.  Subchapter B, Chapter 391, Transportation Code,
  is amended by adding Section 391.0381 to read as follows:
         Sec. 391.0381.  VIOLATIONS BY CERTAIN PERSONS OF SIGN HEIGHT
  PROVISION: PERMIT DENIAL. (a)  This section applies only to a
  person who has permits for 100 or more signs.
         (b)  If a sign for which a person has a permit violates
  Section 391.038 or a rule adopted to implement that section, the
  commission may, after notice and an opportunity for a hearing
  before the commission, deny an application for a permit requested
  by the person on or after the date of the violation.
         (c)  After notice and an opportunity for hearing before the
  commission, the commission may deny an application for a permit or
  permit renewal for a sign if another sign for which the person has a
  permit is in violation of Section 391.038. The commission is not
  required to issue a permit to or renew a permit of the person for a
  sign until all signs for which the person has a permit comply with
  Section 391.038.
         SECTION 3.  This Act takes effect September 1, 2019.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 357 passed the Senate on
  March 25, 2019, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendments on May 21, 2019, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 357 passed the House, with
  amendments, on May 16, 2019, by the following vote: Yeas 116,
  Nays 17, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor