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OVERVIEW OF EXISTING LAWS CONCERNING BILLBOARDS
(OFF-PREMISE SIGNS) IN TEXAS
Billboard Construction in Incorporated Cities. Home rule cities in Texas have had the authority to regulate or prohibit billboards since the 1920’s. Most cities regulate billboards, and 130 Texas cities have been identified which prohibit the construction of new billboards, ranging from major cities such as Houston, Dallas, Fort Worth and Austin, to smaller cities such as Uvalde, Brenham, Fredericksburg and Fort Stockton.
Billboard Removal in Incorporated Cities. Although Texas courts have held that all Texas cities have the power to remove billboards by the use of amortization, this power has been restricted to only a handful of cities under the terms of House Bill 1330 which was passed in 1985. Other cities must pay cash compensation to remove billboards. (The City of Houston has acted to require the removal of all of the billboards in the city by 2013, which action has been upheld in a lawsuit which is on appeal.)
Billboard Construction and Removal in the Extraterritorial Jurisdiction Areas of Incorporated Cities. Each city has the same authority with respect to billboards in its ETJ that it has within its city limits. Some but not all cities have extended their ordinances into their ETJs.
Authority of Counties in Unincorporated Areas. Generally speaking, counties have no authority to pass laws which either prohibit the construction of billboards or require their removal. The only exception is that Harris County secured the passage of legislation in the State Legislature in 1985 which gives it the authority to prohibit the construction of billboards on its toll roads, which it has done.
Construction of Billboards Visible from Federal Highways. Under the mandate of the Federal Highway Beautification Act, Texas passed its Texas Highway Beautification Act in 1973 which regulates with minimal effect the locations where new billboards may be built which are visible from federal highways, both inside and outside of incorporated cities.
Removal of Billboards Visible from Federal Highways. In 1978, the Federal Highway Beautification Act was perverted into a sort of federal billboard protection act which mandates that states and local governments may not remove billboards which are visible from federal highways by the use of amortization, but must pay cash compensation. This effectively prevents billboard removal along federal roadways, both inside and outside of incorporated cities.
Billboard Construction on the Federal Interstate System. It might be noted that at the inception of the interstate highway system in the 1950s, states were offered a one-half percent bonus of highway funds if they would prohibit the construction of billboards along the new system. Twenty-four states elected to do so, and Texas and twenty-five other states did not.
Construction and Removal of Billboards Not Visible from Federal Highways in Rural Areas. In 1985 an essentially meaningless set of controls on billboard construction in rural areas was established by the Texas Legislature. This law was drafted by the billboard companies, and is supposed to be administered by TxDOT. There are no provisions for billboard removal.
Scenic Roads in Texas. Under the federal scenic byways program, states may establish programs to designate scenic roads on which new billboards may not be constructed, and receive federal funding for the administration of such programs. Forty-eight states have adopted scenic byway programs, the exceptions being Texas and Montana. Scenic Texas sought legislation at the 2001 session of the Legislature to create such a program. The bill was not passed, but TxDOT was asked to study the idea (again) and report back to the Legislature in 2003.
Scenic Act of 2001. As can be seen from the foregoing, no unit of government has the authority to prohibit the construction of billboards in rural areas in Texas. Scenic Texas championed its proposed Scenic Act of 2001 in the Legislature to attempt to remedy this absurd situation. As introduced, the bill would have prohibited the construction of new billboards in the entire state of Texas, both within incorporated cities, their ETJs and in unincorporated areas. A bill was passed which prohibits the construction of new billboards on thirteen designated highways in Texas. Scenic Texas will again pursue passage of legislation to prohibit billboard construction in the entire state in the 2003 Legislature.
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