Texas Legislature Replaces HBA and Grandfathers Tall Billboards

Richard Rothfelder tells Insider that the Texas Legislature has passed two out of home bills.

The Texas Legislature has passedSB 2006in response to the TxDot v Auspro court decision which invalidated the state’s Highway Beautification Laws.  The bill is waiting the governor’s signature.

The bill revises the States’s Highway Beautification Act to comply with TxDot v Auspro.

The invalidated  Highway Beautification Act used the message on a sign to determine whether it was a regulated off-premise sign or an unregulated off-premise sign.  SB 2006 removed the message test and says that a sign is regulated if a fee is paid for the display of goods or services on the sign.  Otherwise the sign is an unregulated, non-commercial sign.

SB 312 amends the Texas Highway Beautification Act to grandfather tall billboards.  The Texas Highway Beautification Act prohibits signs in excess of 42.5 feet  SB 312 grandfathers billboards which are between 42.5 feet and 85 feet as of 3/1/17 under the Texas Highway Beautification Act.  This means that they are not in violation of the Act and can be maintained.  All new billboards must be less than 42.5 feet.

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