Report on Transportation Committee Hearing

                                    Texas House of Representatives

                                                February 15, 2005

 

Members of the Committee Included:

Representatives Joe Dashotel, Carter Casteel, Peggy Harmric, Fred Hill (absent), Mike Krusee (Chair), Larry Phillips, (Vice-Chair), G.E. “Buddy” West, Ishmael “Kino” Flores, William “Bill” Callegari, Laurie McNally, Committee Clerk.

 

Address of Committee: Ext. Bldg. E2 130

                                                P.O. Box 2910

                                                Austin, TX  78768-2910

                                                (512) 463-0818

 

For HB599 and HB600, the hearing was called to order at 11:50 a.m. by Mike Krusee, Chair.

 

Rep. Rob Eissler presented both HB599 and HB600 which deal with illegal, off-premise signs and bandit signs.  The bills are designed to hold culpable the persons commissioning and maintaining illegal signs. These bills call for civil fines to be imposed on anyone who intentionally violates the law with fines of %500 to $1000 per sign per day.

 

The chair called for anyone NOT in favor of the bills.  Scott Norman, VP and General Counsel for Texas Association of Home Builders, representing more than 10,000 members, testified.  He admitted bandit signs were illegal but claimed the signs to be the most effective means of advertising new homes.  Said the signs were put up on Friday night and taken down on Sunday night and they provided potential homebuyers directions to the appropriate subdivisions.  Spoke of a new program being tested in Austin area called the KIOSK Program, which posted signs in right-of-way (ROW) at strategic locations. Admitted it was not the only form of advertising available to builders.

 

The next person to testify was Stan St. Pierre, a retired Woodlands businessman who had a travel agency for over thirty years.  He presented a scenario proposing what it would have been like for him to have placed bandit signs for his own business.  He showed eight different photographs (exhibit size) of the current ‘litter-on-a-stick’ signs taken at various locations to illustrate the extent of the illegal sign problem that HB 599 and HB 600 are designed to address. Stan St. Pierre also works with Scenic Texas to further eliminate highway signs.  Stan also showed various print media in use by builders to direct potential customers. All of these items are easily available at all times.

 

Kim Anderson, attorney for TxDOT spoke next and gave the committee information regarding the current laws and procedures regarding signs.  TxDOT has jurisdiction over highways signs. There are specific criteria that must be met in order for TxDOT to issue a sign permit.  Currently, highway employees do what ever they can to pick-up illegal signs.  However, they do not have sufficient staff to keep up with the rate of signs being erected.  Enforcement of sign regulations is handled by TxDOT, and the Attorney General, and in some instances by city police and municipal courts.  Injunctions are currently filed in the County of Occurrence.

 

The next speaker was Ann K Anderson, President of the E1488 Community Associatioon of Montgomery County.  Her testimony developed the scenerio of FM 1488 having gone from a sleepy tree-lined country road to the 29th fastest growing County in the United States.  She spoke of local clean up committees and especially of Cheryl and Chuck Meyer who have focused on a five-mile stretch of road from SH242 to FM2978 along the FM1488 road.  Over a period of three years, they have removed over 2500 signs.  Frequently motorists stop to thank them when they are working along the roadway picking up signs.  Unfortunately, Chuck Meyer was recently injured when a sign (on a telephone pole) fell on him as he was removing it, causing injury to his ear and requiring 10 stitches.

 

Ann complemented Rep. Eissler and Commissioner Craig Doyal for their support and efforts to eliminate illegal signs.  She said Commissioner Doyal frequently sends out crews to remove illegal signs within the constraints of limited resources.  She thanked the committee and asked that these two house bills be approved.

 

The next person to testify was Lee (last name not audible) who was an attorney for Clear Channel Communications representing Billboards and Outdoor Advertising.  He was concerned about the specific language of the two house bills having a negative impact on legal, outdoor advertising industry and the need for OSHA to become involved in their current procedures.  He indicated he would be meeting with Rep. Eissler later in the week to work on the specific language of these bills.

            Testimony was given by an architect who represented the Texas Architects Association. Her name was not audible to the audience either.  She spoke about the architects being totally in favor of both HB599 and HB600.  Sign litter detracts from the quality of life for local resident, impacts tourism (economy) as people want to see the natural beauty offered rather than the signage.

 

Becky Haskins from Ft. Worth spoke about the effort they made to get rid of illegal signs and improve their roadways as part of the local Chapter of Scenic Texas efforts.  She spoke in favor of HB 599 and HB600 to put enforcement into law.

 

Several witnesses statements were signed and submitted to the committee but people who were present , in favor of these bills, but did not wish to testify, among them were Jody Richardson, Margaret and Larry Lloyd, Ann Tofft and others.  The chair thanked them for coming.

 

The next person to testy was Constable Captain Rock Brass who represents the largest constable unit in the State of Texas with more than 316 employees, covering a 525 square mile area in Harris County.  He stated that the sign problem is an epidemic.  He has worked with all of the various Chambers of Commerce, Sign Ranger groups, Boy Scouts and local citizens over the years to combat the illegal signs along roadways.  He was totally in favor of the two house bills and spoke as a representative of all the groups with whom he works.

 

Last was Skip Cameron, President of Bull Creek Subdivision and a fifteen year resident of Austin who spoke of the years of efforts and work he has personally been involved in to combat illegal signs. He said not only are the developing areas a problem for builders and developers trying to attract new home buyers, but the problem continues for more than twenty years as other real estate companies compete for resale of those same homes year after year.  The Chair of the Committee agreed.  Skip’s concern was to keep things in balance in the thirty-two square miles he calls home.

 

The committee had several members leaving the hearing room and returning during the testimony.  As they returned, several members asked questions about things that had been covered in testimony.  The chair addressed Rep. Eissler at the conclusion and thanked everyone for coming to testify.  The hearing concluded at approximately 2 p.m.

 

 

This report was submitted by Ann E. H. Tofft, Vice-President

E 1488 Community Association of Montgomery County