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Practical Privatization of HBA

Practical Privatization of HBA. Timothy C. Anderson, Esq. Highway Beautification Act of 1965. Requires state to regulate outdoor advertising along Interstate and Federal Aid Primary highways.

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Practical Privatization of HBA

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  1. Practical Privatization of HBA Timothy C. Anderson, Esq.

  2. 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.

  3. 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.

  4. Result • Disparate regulatory interpretation. • Districts are subject to local politics. • Personnel shortage to provide adequate enforcement and compliance. • Costs outdoor advertising industry $$$.

  5. 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.

  6. Needs: • Biennial inventory. • Special inspections for illegal signs. • Single contractor, if possible. • Phased broadening of contractor responsibilities.

  7. 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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