The Houston Northwest Chamber of Commerce will partner next week with Scenic Texas in an effort to get the Third Court of Appeals in Austin to modify its recent ruling against the Texas Highway Beautification Act that could permit unfettered billboard installation in Texas.
The cause for the ruling is a suit by Auspro Enterprises, which was asked by Texas Department of Transportation to remove a political sign on its property because it had been up longer than the Texas Highway Beautification Act allows. Auspro refused and sued the state, citing its right to free speech. Subsequently, the Third Court of Appeals determined in September that sections of the state’s current regulation of billboards are unconstitutional, paving the way for unregulated and unpermitted commercial advertising billboards of any number, size or height across the state, according to a statement by Scenic Houston.
“The dismantling of the Texas Highway Beautification Act is like killing a mosquito with a sledge hammer,” Scenic Houston President Anne Culver said.
The Texas Highway Beautification Act, which is run through the TxDOT’s Right of Way Division, states parameters for highway billboards. It regulates the display of outdoor advertising signs and is in accordance with the federal Highway Beautification Act, which attempts to limit billboards along America’s highways.
Scenic Houston, a chapter of Scenic Texas, is an organization whose mission is sign regulation and city streetscape enhancement. Scenic Houston will join Scenic Texas, HNWCC and all amicus partners in an amicus brief to be filed Oct. 7 to support the Texas attorney general’s motion on behalf of TxDOT for a rehearing to reconsider a “remedy” in the case. The attorney general’s office filed the motion for the rehearing Sept. 27, according to the attorney general's office.
HNWCC has a history with Scenic Houston and Scenic Texas as partners battling billboards.
"A lot of people think that billboards are not a big deal,” HNWCC President Barbara Thomason said. "[Texas] can be a beautiful place if you eliminate or minimize billboards. There are many ways to advertise businesses or programs, and billboards are not a necessary thing."
With its amicus brief support for a rehearing, Scenic Houston is attempting to get the Third Court of Appeals to narrow down the remedy to political signs on private property only, such as with the Auspro case, Culver said.
TxDOT spokesperson Veronica Beyer declined to say much about the case but expressed an interest in the rehearing.
“We are in communication with the attorney general’s office and the Federal Highway Administration on the direction forward for TxDOT regarding this decision,” Beyer said.
Thomason said the chamber’s interest is both economic and aesthetic. She said other states successfully operate businesses without the benefit of an abundance of billboards.
“Even though our primary focus is Northwest Harris County—we have federal highways all around us—Texas is also our community,” Thomason said. “This act flies in the face of the intent of the Texas Beautification Act. It’s just alarming. The court case had nothing to do with billboards on the highways—it had to do with political signs.”
The timeline for consideration and decision on the motion is unknown at this point, Culver said.
“It’s a hurry-up-and-wait thing,” Thomason said. "There’s not specifically anything for us to do but rally because it’s now in the hands of attorneys in court. I know it’s in good hands, and we’ve done all that we can at this point."
