Chron reports that the Texas Attorney General’s Office has filed a motion to reconsider the Third District Court of Appeals Sept decision which threw out most of the Texas Highway Beautification Act on grounds that it violated the first amendment.  Harris County, the Texas Municipal League and Scenic Texas have filed or plan to file briefs supporting the states request.

The appeal contends that the Texas Court’s original ruling could threaten $330 million federal highway funding and asks the court reinstate the Texas Highway Beautification Act regulations which apply to commercial speech while leaving invalid the Texas Highway Beautification Act regulations which apply to non-commercial speech.  The Auspro case involved a non-commercial political sign.

Insider’s Take: Texas has told billboard companies to continue paying fees and to continue to seek permits as if the law is in effect.  Insider has heard that most Texas billboard companies are doing this because they don’t want to be subject to regulatory fines if the act is reinstated later by the courts or the Texas legislature.

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