FINAL VERSION OF ELECTRONIC BILLBOARD RULES ADOPTED BY TEXAS TRANSPORTATION COMMISSION
On February 28, 2008, the Texas Transportation Commission (Commission) adopted rule changes that redefine lighted billboards in a manner that permits electronic (typically, light-emitting diode or “LED”) billboards on state highways within a city’s limits or extraterritorial jurisdiction, subject to the city’s written consent.
The rules will be effective on June 1, 2008. The final rules are available at
http://www.dot.state.tx.us/publications/commission/2008_meetings/minute_orders/feb28/9b(4).pdf.
The rules allow an electronic billboard if an applicant: (1) receives a permit from the Texas Department of Transportation (TxDOT); (2) complies with TxDOT billboard rules; and (3) receives written consent from the city. In late 2007, TML submitted written comments and proposed language to the Commission suggesting that its rules should clearly state that an LED billboard may not be placed without the express permission of the city in which it will be located. Several cities and other interested groups also filed comments.
The Commission incorporated into the final rules a number of the suggestions that had been made by the League and other commenters. Most importantly, the final rules are clear that, for an existing sign to be upgraded to an electronic sign, the applicant must receive permission from the regulating city. In its comments on the rules, TxDOT stated that an electronic sign would be allowed only if the city authorizes the sign, even if the city has no sign regulations in place.
Some may still question whether a city may withhold written consent absent an ordinance that expressly regulates or bans LED billboards. Further, cities with an outright ban on all new billboards may wish to supplement their ordinances with language that addresses LED billboards. The Commission extended the effective date of the rules to June 1, 2008, so that cities may, if they wish, adopt regulations governing these signs.
The broad issue of billboard regulation is the subject of an interim legislative charge to the Senate Transportation and Homeland Security Committee and will be studied by city officials during the League’s legislative policy development process later this year.
Cities that decide to regulate or prohibit electronic billboards should consult with local legal counsel to ensure that appropriate changes are added to their sign ordinances. Please contact TML’s legal department at 512-231-7400 or at legal@tml.org with questions.