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Published byPriscilla Miller Modified over 10 years ago
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Practical Privatization of HBA Timothy C. Anderson, Esq.
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Highway Beautification Act of 1965 Requires state to regulate outdoor advertising along Interstate and Federal Aid Primary highways. State must maintain “effective control” of outdoor advertising or risk losing 10% of its annual allotment of federal highway funds.
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Texas’ Regulatory Scheme Decentralized regulation – 25 districts within the state. 23,000 permits (est.) in state. Decentralized regulatory interpretation. Centralized enforcement – All litigation issues flow through the ROW division. Certified cities. “Red-headed stepchild” syndrome.
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Result Disparate regulatory interpretation. Districts are subject to local politics. Personnel shortage to provide adequate enforcement and compliance. Costs outdoor advertising industry $$$.
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How To Fix It? Steal from other states if possible. Thanks, Florida (Juanice H.) Initiate a research project to determine if other state’s regulatory schemes will work for Texas.
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Needs: Biennial inventory. Special inspections for illegal signs. Single contractor, if possible. Phased broadening of contractor responsibilities.
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Findings Initial inventory: $165,000 – $339,000/year. New site inspections: Additional $75,000/year Shorter term contract (5 year or less) most practical. Texas might need more than 1 provider due to size.
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