1985-03-20 Regular Meeting La Porte City Council

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• • • A TML Summary Statement On H.B. 1330 & S.B. 897 In response to organized citizen groups who felt a proliferation of billboards had created visual pollution, traffic hazards and property devaluation, Texas cities initiated billboard regulation in the early 1970's. Municipal officials adopted ordinances regulating the height, area and location of signs and bill- boards. Existing billboards that were not in compliance with the regulations became non-conforming and may be subject to removal or reconstruction after a specified period of time. These "amortization" periods permit the owners of non-conforming billboards to recoup their investment prior to compliance with the ordinance. This concept of compensation has been litigated and upheld in Texas courts, numerous other state courts, and the U.S. Supreme Court. The ability to regulate billboards in this manner is consistent with the long stand- ing state policy of home rule and local control. The billboard industry is attempting during this session of the legislature to limit cities ability to effectively regulate signs and billboards. Important considerations of this proposed legislation are as follows: • Increased attention to billboard regulation by municipalities has been in response to active citizen groups who have voiced growing concern about the effects of the proliferation of billboards on their communities. • The authority of cities to "regulate, control or prohibit signs or billboards" is specifically enumerated in state statute (Article 1175, V.T.C.S.) and has been in existence since 1913. • Municipal authority to regulate private activities for the benefit of the public safety and welfare is inherent in constitu- tional authority and is essential to the ability of municipal- ities to govern responsibly. • Amortization is a fair, just, and reasonable method of compensa- tion for removal or reconstruction of non-conforming signs and billboards. This method of compensation has been litigated and upheld by state and federal courts on numerous occasions.