R2007-080 2007-05-14
RESOLUTION NO. R2007 -80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, EXPRESSING OPPOSITION TO HB 3710 AND ENCOURAGING
THE 80TH TEXAS LEGISLATURE TO OPPOSE THE PROPOSED
LEGISLATION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
WHEREAS, State Highway 288 is a primary corridor in the City ("SH 288 Corridor");
and
WHEREAS, the City desires to protect and enhance the roadway scenery of the SH
288 Corridorto promote the health, safety, welfare, morals, convenience and enjoyment of
the public; and
WHEREAS, in an effort to minimize the proliferation of signs along roadways, the
City has passed a municipal ordinance prohibiting the placement of off-premise signs
(signs that advertise a business, product or service that is not principally sold on the
premises which the sign is located), within its incorporated limits and extraterritorial
jurisdiction; and
WHEREAS, if approved, HB 3710 will allow the State of Texas to contract with
private outdoor media providers to deploy outdoor media, billboards or off-premise signs
along state toll roads; and
WHEREAS, the Texas Department of Transportations future expansion plans for the
SH 288 Corridor may include the construction of toll lanes and the designation of SH 288
as a state toll road; and
WHEREAS, in addition to allowing off-premise signs and billboards along state toll
roads, HB 3710 will eliminate the City's current regulatory authority over the prohibition of
such signage
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
RESOLUTION NO. 2007-80
PEARLAND, TEXAS:
Section 1. That the City Council of the City of Pearland , Texas hereby expresses
opposition to HB 3710 and encouraging the 80th Texas Legislature to oppose the proposed
legislation.
PASSED, APPROVED and ADOPTED this the 14th day of M
ATTEST:
APPROVED AS TO FORM:
ZJ~ It .{Jt
DARRIN M. COKER
CITY ATTORNEY
2
80(R)I-IB.3710- I-louse Committee Report:version- Bill Analysis Page 1 of 2
BILL ANALYSIS;
:C.S.HB. 3710
By: Krusee •
Transportation
Committee Report (Substituted)
BACKGROUND AND PURPOSE
CSHB 37I0; provides the Texas: Department of Transportation
(department)
to tim rove:the conveyance of vital information' to he abilityP .
the traveling public awhile .maximizing 'the: use of its:highway =assets..
Information such as weather- updates and terrorist attacks, as well as
Amber.Alerts can 'be instantaneously transmitted to the public. The.bill
will allow the department to contract with,private outdoor media providers
to deploy outdoor media along state toll roads and. the Trans-Texas
Corridor that will assist the department in informing the traveling public
about emergency situations, affecting the travelers. Through the use of
state,right of way, the department can realize stable long-term revenue
streams from lease income derived from the advertising placed on the
structures when they are not needed for the dissemination of emergency
information.
RULEMAKING.AUTHORITY
It is, the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution.
ANALYSIS
SECTION 1,. Amends Section 223.201,Transportation Code as follows:
Sec. 223.20I. (a-1) Authorizes the department to -enter into a
comprehensive development agreement ,for any;--use authorized by
§228.053(a);on a toll project or system:or the Trans=Texas Corridor.
SECTION 2. Amends Section 228.053,Transportation Code.as follows:
Sec: 228 053. (a) Includes outdoor media as one of the uses for which the
department may lease a toll project or system and expands the
department's ability to secure revenue by authorizing the lease of an entire
toll projector toll-system to the extent allowable by federal law.
http://www.capitol:state.tx.us/tlodocs/80R/analysis/html/HB03710H.HTM 4/30/2007
80(R) HB 3710 -House Committee Report version:,-.Bill Analysis Page 2 of 2
SECTION 3. Amends Chapter 392, Transportation Code by adding
Subchapter.0 as follows:
Sec; :392.101 =Contains definitions, for use by the department when
awarding outdoor media contracts. Defines "advertising provider" as a
private entity who receives authority from the department to place outdoor
media along toll roads or the Trans-Texas Corridor. Defines "outdoor
media" as emergency information helpful to the traveling public and
advertising pertaining to businesses that are not selling products at the,
same location as the;sign. The emergency information displayed must be designated as such by TxDOT or DPS. The department must also ensure
that the emergency information must be displayed for a reasonable amount
sof:time.,
Sec. 3.92.102. To the extent _allowable by federal law, this section
authorizes an outdoor advertising provider to use state right of way if it
has received authority from the department to erect media along a road
or the Trans Texas Corridor. .lVlaintains-state regulatory .control of these
roadways.
i
SECTION 4 Amends Section 394.002, Transportation Code as follows:
Sec. 394002. (c) Exempts outdoor media placed on a toll project or Trans-
Texas Corridor that has been .authorized by the department from the
-egirements of'Chapter 394 - Regulation of Outdoor Signs on Rural
Roads.;
SECTION 5 Effective date:-September l:, 2007.
EFFECTIVE DATE
September 1, 2007,
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute conforms the filed version as a Legislative Council draft. It
also adds language in Section 2 to make the legislation permissible to the.
extent that it is allowable by federal law. In Section 3 the substitute adds
Ianguage to state that if.:the outdoor-media uses a digital display, that it
must. have the capacity to display emergency information helpful to the
• driving public that is designated as such by TxDOT or the Texas
Department of Public Safety'(DPS) This Section also adds language that
ensures' that TxDOT must .display the emergency information for a
reasonable amount of time. Section 3 also adds language to,make the
legislation"permissible to the extent that it is allowable by federal Iaw:
littp://www.capitol.state.tx us/tlodocs/80R/analysisll to l/HB0371 OH.HTM 4/.30/2007
80(R) I>IB,3,710- House Committee Report version-.Bi11 Text Page"1-of 2
80R1S765 JRJ-F
By: "Krusee H..B. No: 3710:
Substitute, the following for H.B. .No., :3710:
By:: Harper-Brown C.S-H.B.,; No 371°
A;BILL TO BE ENTITLED
AN ACT
relating to outdoor advertising on certain toll roads.
BE 'IT ENACTED BY THE LEGISLATURE" OF THE STATE OF °TEXAS:
SECTION1. Section 223 201, Transportation Code; is amended
by adding Subsection (a-1) and amending Subsection (b) to read as
:follows:
(.a-1) The department, may enter into a comprehensive,
development agreement with :a person for -the same purposes for which
the department may enter into a contract under Section :228..0"53 (a')
(b) In this subchapter, "comprehensive development
agreement means an agreement that, at a minimum, provides forthe;
design and construction, rehabilitation, expansion, or improvement. J
of a project described in Subsection (a) and may also provide •for.• .
the financing, :acquisition, maintenance„ or operation -of a project
described in Subsection (a) or (a-1) . '
SECTION 2. Section.228'r053 (a) Transportation Code", is
amended to read as follows:
(a) The department; may, to the extent allowed by federal
law:
(1) impose tolls for the use of each toll project or
system and the different segments or parts of each project or
system; and
(2) notwithstanding anything in Chapter 202 .,to the
contrary, contract with a person for the use of all or part of a toll
project or system or lease all or part of a toll project or system
for a as station, garage, store, hotel, restaurant, railroad. -
tracks, utilities, [and] telecommunications facilities and
equipment, and outdoor media as defined by Section "392..101 and ..set
the t 's for the use or lease.
SECTION 3. Chapter 392,,Transportation Code, is amended by ..
adding Subchapter "C to read as follows:
SUBCHAPTER C. OUTDOOR MEDIA ON STATE,HIGHWY TOLL PROJECTS
Sec.. ;392.101.. DEFINITIONS. In this subchapter:
('1) "Advertising "provider"° means a private entity that
has received authority from the department .through a lease or
other. agreement, to 'place outdoor media; within the boundaries :of, a
toll project .of the °state:highway "system, including a turnpike on
the Trans-Texas Corridor:. ,
(2') "Outdoor media" means a .sign`displaying:
(A) emergency information helpful to the
traveling public,. "or•
;(B) advertising that pertains to 'a business,
person, organization, activity,.. event., place, service, or product
not principally located or primarily manufactured or sold on the
prem'ise•s on which the sign.is "located."
Sec. 392.102. OUTDOOR MEDIA. (a) To the extent allowed by j
federal ,law, outdOOr media erected by an advertising provider
pursuant to a use or lease under Section '228.053 for a commercial
advertising purpose.:
(1) may be located within state highway system
right-of-way.;
http://www.capitol.state.tx us/tlodocs/80R/billtext/htnil'HB.03;71..OH HTM 4/3.0/2007
80(R)`HB 371.0 - House Committee.Report version-Bill Text Page 2 of 2
(2') is under the exclusive regulatory control of the
state; and
(3.) if the outdoor media uses a ;digital display, : must
have the capacity to timely display, in place of advertising,
emergency information designated by the department or the
Department of Public Safety as helpful to the traveling public.
(b) The-..department: must ensure that`..emergency information
displayed on 'outdoor media is. displayed fora °reasonable .period as .,
recommended' by::the- department or .agency_sponsoring 'theinformation.
SECTION..:4. Section 394`.002, Transportation Code is amended
by amending Subsection (a), and adding Subsection (c) to read as
follows:
(a) Except as provided by •Subsection (c') , this, ,[This]
chapter applies only to -:a sign that ;is:
(1) outdoors; 'and
_ (2) visible from the main-traveled way of a rural
road.
(c) This chapter does not apply to"outdoor media- located on
a 'state 'highway toll project, 'including .a 'turnpike on the
Trans'Texas 'Corridor., if the media meets the requirement's of
Subchapter. C, Chapter' 392.
SECTION 5 This Act takes effect September 1, 2007.
•
http://w''w.capitol.state.tx.us/tlodocs/8.0R/billtext/htni1/HB03710H.HTM 4/30/2007