Practical Privatization of HBA

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
  states 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.