City of Houston 2023Legislative Report

Land Use

Bill Sponsors / Authors:

Terry Canales   Rep. Terry Canales
  D - Edinburg

Bryan Hughes   Sen. Bryan Hughes
  R - Mineola

 

Supporting Documents / Links:

Land Use GraphicHouse Bill 2806 – Billboards

House Bill 2806 by Representative Terry Canales would have preempted the City of Houston from regulating billboards if they are in anyway “obstructed” from the development of a roadway project.

This bill would have allowed for the relocation or purchase of any off-premise sign affected by highway widening, construction, or other related public infrastructure or improvement project and any visual “obstruction” of the sign. The bill would have allowed for the sign to be moved to another location on the same property, adjacent property, on the same highway not more than one mile from the previous location, or, if the sign is within a municipality or its extraterritorial jurisdiction, anywhere within that municipality or its ETJ. The bill did not take into consideration that if 1% of the sign is “obstructed” than the entire sign is allowed to be relocated.

The City understands the need to codify relocation processes for signs affected by highway construction and other public infrastructure and improvement projects. Section 4617 of the City’s sign code allows for the relocation or alteration of off-premise signs located along the federal primary system due to publicly funded transportation projects undertaken by the State of Texas or its political subdivisions.

City currently has 1,392 off-premise signs in the City and its ETJ, 1,119 of which are located along the federal primary system.

The City’s sign code allows for relocation under these circumstances, in order of priority:

  • The remainder of the same tract of parcel of land the off-premise sign is already located on,
  • Property abutting the highway at the original sign location,
  • Land owned by the same person or persons as the tract from which it was relocated, and
  • Any location along the federal primary system and subject to control under Subchapter B of Chapter 31 of the Texas Transportation Code.

The key difference compared to House Bill 2806 is that any sign relocated pursuant to the sign code, but not placed within 1500 feet of the original sign location, must:

  • Not be within 800 feet of two or more commercial or industrial activities and
  • Not be closer than 1500 feet from another off-premise sign on the same side of the highway.

This relocation provision has been a part of the City’s sign code since 1989 and strikes a balance between the interests of the sign owners and protecting residents against visual blight and reduced neighborhood property values.

If HB 2806 would have passed, all the signs along the upcoming I-45 TxDOT project  could be relocated anywhere within the City, regardless of the City’s spacing requirements, and would only have to meet the reduced spacing requirements of 391.031 of the Texas Transportation Code.

This bill passed the House but did not receive a Senate Transportation Committee hearing.