HomeMy WebLinkAboutResolution 4685-09-2016 A Resolution
NO. 4685-09-2016
AUTHORIZING THE CITY OF FORT WORTH TO JOIN SCENIC TEXAS, TEXAS
MUNICIPAL LEAGUE, TEXAS CITY ATTORNEYS ASSOCIATION AND HARRIS COUNTY
IN AN AMICUS CURIAE BRIEF
SUPPORTING THE STATE ATTORNEY GENERAL IN A MOTION FOR REHEARING
REGARDING THE TEXAS HIGHWAY BEAUTIFICATION ACT
WHEREAS, on August 29, 2016, the Austin Court of Appeals issued an opinion in No. 03-14-
00375-CV Auspro Enterprises, LP v. Texas Department of Transportation declaring that key sections of
the Texas Highway Beautification Act (TxHBA) are unconstitutional; and
WHEREAS, the Court of Appeals decision found that the majority of the TxHBA is
unconstitutional because it violates the First Amendment free speech clause under a recent U.S.
Supreme Court opinion in the case of Reed v. Town of Gilbert; and
WHEREAS, as a result of the Court of Appeals decision, the licensing and permitting of
billboards on the federal highway system by TxDot, along with the state's federal highway funding, is
now called into question; and
WHEREAS, the State and Scenic Texas agree that TxDOT may not regulate non-commercial
political speech, but that the Court should modify its remedy so that the primary purpose of the TxHBA
-- licensing and permitting of outdoor commercial advertising signs -- remains in place; and
WHEREAS, on September 27, 2016, the Texas Attorney General will ask the Court to grant a
Motion for Rehearing to reconsider the remedy in this case; and
WHEREAS, Scenic Texas will file an amicus curiae brief, authored by former Texas Supreme
Court Justice Scott Brister, to support the Attorney General's Motion for Rehearing; and
WHEREAS, the Texas Municipal League, Texas City Attorneys Association and Harris County
have joined Scenic Texas as partners in the amicus curiae brief; and
WHEREAS, Scenic Texas has asked the City of Fort Worth to join Scenic Texas as amicus curiae
brief partners.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
ORT WO T
Resolution No. 4685-09-2016
Page 2 of 2
The City Attorney and City Manager are authorized to join Scenic Texas, Texas
Municipal League, Texas City Attorneys Association and Harris County in an amicus
curiae brief supporting the State Attorney General in a Motion for Rehearing regarding
the Texas Highway Beautification Act.
Adopted this 27th day of September, 2016.
ATTEST:
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