reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 391 - Highway Beautification on Interstate and Primary Systems and Certain Roads › Subchapter I. Prohibition of Signs on Certain Highways › Section 391.253. Reerection, Reconstruction, Repair, or Rebuilding of Commercial Signs

Sec. 391.253.  REERECTION, RECONSTRUCTION, REPAIR, OR REBUILDING OF COMMERCIAL SIGNS.  (a)  A commercial sign that is adjacent to and visible from a highway listed in Section 391.252 that is blown down, destroyed, taken down, or removed for a purpose other than maintenance or to change a letter, symbol, or other matter on the sign may be reerected, reconstructed, repaired, or rebuilt only if the cost of reerecting, reconstructing, repairing, or rebuilding the sign is not more than 60 percent of the cost of erecting a new commercial sign of the same size, type, and construction at the same location.
(b)  The department shall permit the relocation of a commercial sign adjacent to and visible from a highway listed in Section 391.252 to another location that is adjacent to and visible from the same highway if:
(1)  the construction, reconstruction, or expansion of a highway requires the removal of the sign;
(2)  the sign is not modified to increase the above-grade height, the area of each sign face, the dimensions of the sign face, the number of sign faces, or the illumination of the sign; and
(3)  the department identifies an alternate site for the relocation of the sign adjacent to and visible from the highway listed in Section 391.252.
(c)  For purposes of this section, the department shall specify, within 30 days of receipt of a request for a relocation site, a minimum of three alternate sites that meet permitting requirements for a commercial sign to be reerected, reconstructed, repaired, or rebuilt adjacent to and visible from a highway listed in Section 391.252.
(d)  The owner of a commercial sign that is reerected, reconstructed, repaired, or rebuilt according to Subsection (a) or relocated according to Subsection (b) may alter the materials and design of the sign to reduce the number of upright supports, subject to other restrictions in this section, in a manner that meets or exceeds the pre-existing structural specifications of the sign.
Added by Acts 2001, 77th Leg., ch. 1264, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 28, eff. June 15, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 391 - Highway Beautification on Interstate and Primary Systems and Certain Roads › Subchapter I. Prohibition of Signs on Certain Highways › Section 391.254. Civil Penalty

Sec. 391.254.  CIVIL PENALTY.  (a)  A person who violates Section 391.252 is liable to the state for a civil penalty of not less than $500 or more than $1,000 for each violation, depending on the seriousness of the violation.  A separate penalty may be imposed for each day a continuing violation occurs.
(b)  The attorney general, the district or county attorney for the county, or the municipal attorney of the municipality in which the violation is alleged to have occurred may bring suit to collect the penalty.
(c)  A civil penalty collected by the attorney general under this section shall be deposited to the credit of the state highway fund.
(d)  Before a suit may be brought for a violation of Section 391.252, the attorney general, the district or county attorney for the county, or the municipal attorney of the municipality in which the violation is alleged to have occurred shall give the owner of the commercial sign a written notice that:
(1)  describes the violation and specific location of the sign found to be in violation;
(2)  states the amount of the proposed penalty for the violation; and
(3)  gives the owner 30 days from receipt to remove the sign and cure the violation to avoid the penalty unless the sign owner was given notice and opportunity to cure a similar violation within the preceding 12 months.
Added by Acts 2001, 77th Leg., ch. 1264, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 29, eff. June 15, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 391 - Highway Beautification on Interstate and Primary Systems and Certain Roads › Subchapter I. Prohibition of Signs on Certain Highways › Section 391.255. Applicability of Subchapter

Sec. 391.255.  APPLICABILITY OF SUBCHAPTER.  The restrictions imposed by this subchapter are in addition to those imposed by the remainder of this chapter.
Added by Acts 2001, 77th Leg., ch. 1264, Sec. 3, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 391 - Highway Beautification on Interstate and Primary Systems and Certain Roads › Subchapter I. Prohibition of Signs on Certain Highways › Section 391.256. Scenic Byways Program

Sec. 391.256.  SCENIC BYWAYS PROGRAM.  (a)  The department shall plan, design, and establish a program for designating highways as State Scenic Byways.
(b)  The program must include a process by which the department:
(1)  receives proposals from political subdivisions or other community groups approved by the department for funding projects in accordance with 23 U.S.C. Section 162;
(2)  applies for grants under 23 U.S.C. Section 162 for the projects; and
(3)  allows an applicant who consents to pay for the costs of the projects that are not covered by grants made under 23 U.S.C. Section 162.
(c)  A highway must be designated as a State Scenic Byway under the program established by this section before the department applies for a grant under Subsection (b)(2) for a project related to the highway.
(d)  The department may use money from the state highway fund for a project that receives a grant made under 23 U.S.C. Section 162 only for the purpose of satisfying matching funds requirements for the grant.
(e)  The department may only designate a highway described by Section 391.252 as a State Scenic Byway.
(f)  The commission by rule shall prohibit outdoor advertising in a manner consistent with 23 U.S.C. Section 131(s) on a State Scenic Byway designated under this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 158 (S.B. 941), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 392 - Highway Beautification on State Highway Right-of-Way › Subchapter A. Landscape and Maintenance › Section 392.001. Planting Trees on Rights-of-Way

Sec. 392.001.  PLANTING TREES ON RIGHTS-OF-WAY.  (a)  The department shall plant and care for a substantial number of pecan trees on United States and state highway rights-of-way throughout the state.
(b)  In an area where the climate is unsuitable for pecan trees or where pecan trees present a safety hazard, the department shall plant other indigenous or adaptable trees that do not present a safety hazard.
(c)  The cost of acquiring, planting, and caring for the pecan trees shall be paid from the state highway fund.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 392 - Highway Beautification on State Highway Right-of-Way › Subchapter A. Landscape and Maintenance › Section 392.002. Xeriscape Requirements for Roadside Parks

Sec. 392.002.  XERISCAPE REQUIREMENTS FOR ROADSIDE PARKS.  (a)  The department shall use and require the use of xeriscape practices in:
(1)  the construction of roadside parks;  and
(2)  the maintenance of roadside parks.
(b)  In implementing this section, the department shall follow the guidelines adopted under Section 2166.404, Government Code.
(c)  In this section:
(1)  "Roadside park" includes a rest area, picnic area, welcome station, or other facility that is:
(A)  provided for the convenience of the traveling public;
(B)  within or adjacent to a highway right-of-way;  and
(C)  under the jurisdiction of the department.
(2)  "Xeriscape" has the meaning assigned by Section 2166.404, Government Code.
(d)  Expired.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.19(23), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 392 - Highway Beautification on State Highway Right-of-Way › Subchapter A. Landscape and Maintenance › Section 392.003. Donations for Landscape Installation or Maintenance

Sec. 392.003.  DONATIONS FOR LANDSCAPE INSTALLATION OR MAINTENANCE.  The commission by rule shall establish a program under which the department may accept from any source, including an individual or a private business or organization, donations of landscape materials for state highways, as authorized by Section 201.206.  The program may provide for the department to enter into an agreement with an individual or private business or organization for the individual or entity to provide, at no cost to the department, services for the installation or maintenance of landscaping on state highways.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1083 (H.B. 3422), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 392 - Highway Beautification on State Highway Right-of-Way › Subchapter A. Landscape and Maintenance › Section 392.004. Regionally Appropriate Landscaping

Sec. 392.004.  REGIONALLY APPROPRIATE LANDSCAPING.  The department shall establish guidelines for a beautification project on a state highway right-of-way that require the use of only regionally appropriate plants.
Added by Acts 2015, 84th Leg., R.S., Ch. 939 (H.B. 3302), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 392 - Highway Beautification on State Highway Right-of-Way › Subchapter B. Signs on State Highway Right-of-Way › Section 392.031. Definitions

Sec. 392.031.  DEFINITIONS.  In this subchapter:
(1)  "Sign" means an outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, or other thing designed, intended, or used to advertise or inform.
(2)  "State highway right-of-way" means the right-of-way of a highway designated as part of the state highway system.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 392 - Highway Beautification on State Highway Right-of-Way › Subchapter B. Signs on State Highway Right-of-Way › Section 392.032. Offense

Sec. 392.032.  OFFENSE.  (a)  A person may not place or maintain a sign on a state highway right-of-way unless authorized by state law.
(b)  A person commits an offense if the person violates this section.
(c)  An offense under this section is a Class C misdemeanor.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 392 - Highway Beautification on State Highway Right-of-Way › Subchapter B. Signs on State Highway Right-of-Way › Section 392.0325. Exception

Sec. 392.0325.  EXCEPTION.  (a)  A person may submit a request to the department for an exception to this subchapter for a sign that is attached to a building located on property other than a state highway right-of-way and that refers to a commercial activity or business located in the building if the sign:
(1)  consists solely of the name of the establishment;
(2)  identifies the establishment's principal product or services;  or
(3)  advertises the sale or lease of the property on which the sign is located.
(b)  The department shall approve a request submitted under Subsection (a) if the department:
(1)  determines that the sign will not constitute a safety hazard;
(2)  determines that the sign will not interfere with the construction, reconstruction, operation, or maintenance of the highway facility;  and
(3)  obtains the approval of the Federal Highway Administration if approval is required under federal law.
(c)  This subchapter does not apply to a temporary directional sign or kiosk erected by a political subdivision as part of a program approved by the department and administered by the political subdivision on a highway within the boundaries of the political subdivision.
(d)  This subchapter does not apply to a sign placed in the right-of-way by a public utility or its contractor for purposes of the utility.
Added by Acts 1999, 76th Leg., ch. 442, Sec. 3, eff. June 18, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 612 (H.B. 413), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 392 - Highway Beautification on State Highway Right-of-Way › Subchapter B. Signs on State Highway Right-of-Way › Section 392.033. Removal and Disposal of Illegal Sign

Sec. 392.033.  REMOVAL AND DISPOSAL OF ILLEGAL SIGN.  (a)  Except as provided by Section 392.034, the department, without prior notice to the owner of the sign, may remove a sign that is placed or maintained in violation of this subchapter.
(b)  If the owner's identity and mailing address are displayed on the sign or are otherwise reasonably ascertainable, the department shall notify the owner in writing that the sign:
(1)  has been removed;  and
(2)  may be disposed of unless the owner claims the sign on or before the 10th day after the removal date.
(c)  If the owner of the sign does not claim the sign on or before the 10th day after the removal date, the department may dispose of the sign.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 392 - Highway Beautification on State Highway Right-of-Way › Subchapter B. Signs on State Highway Right-of-Way › Section 392.034. Encroachment

Sec. 392.034.  ENCROACHMENT.  (a)  The department shall give written notice of encroachment to the owner of a sign that:
(1)  is on property other than a state highway right-of-way;
(2)  is maintained under a written permit or agreement;  and
(3)  encroaches on the state highway right-of-way.
(b)  If the owner of the sign does not correct the encroachment before the 31st day after the date of receipt of the notice, the department may remove the sign under Section 392.033.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 392 - Highway Beautification on State Highway Right-of-Way › Subchapter B. Signs on State Highway Right-of-Way › Section 392.035. Removal Costs

Sec. 392.035.  REMOVAL COSTS.  (a)  The owner of a sign removed by the department under Section 392.033 is liable to the department for removal costs.
(b)  Removal costs received by the department under this section shall be deposited to the credit of the state highway fund.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 392 - Highway Beautification on State Highway Right-of-Way › Subchapter B. Signs on State Highway Right-of-Way › Section 392.0355. Civil Penalty

Sec. 392.0355.  CIVIL PENALTY.  (a)  A person who places or commissions the placement of a sign on a state highway right-of-way that is not otherwise authorized by law may be liable for a civil penalty.  The attorney general or a district or county attorney of the county in which the placement of a sign on a state highway right-of-way is alleged to have occurred may sue to collect the penalty.
(b)  The amount of the civil penalty is not less than $500 or more than $1,000 for each violation, depending on the seriousness of the violation and whether the person has previously violated this chapter.  A separate penalty may be collected for each day a continuing violation occurs.
(c)  A penalty collected under this section shall be deposited to the credit of the state highway fund if collected by the attorney general and to the credit of the county road and bridge fund of the county in which the violation occurred if collected by a district or county attorney.
Added by Acts 2007, 80th Leg., R.S., Ch. 612 (H.B. 413), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 392 - Highway Beautification on State Highway Right-of-Way › Subchapter B. Signs on State Highway Right-of-Way › Section 392.036. Defense

Sec. 392.036.  DEFENSE.  It is a defense to prosecution or suit for a violation under this chapter if at the time of the alleged violation the defendant is a candidate for elective public office and the sign is placed:
(1)  by a person other than the defendant; and
(2)  in connection with a campaign for an elective public office by the defendant.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 612 (H.B. 413), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 392 - Highway Beautification on State Highway Right-of-Way › Subchapter B. Signs on State Highway Right-of-Way › Section 392.037. Rules

Sec. 392.037.  RULES.  The commission may adopt rules to enforce this subchapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 392 - Highway Beautification on State Highway Right-of-Way › Subchapter B. Signs on State Highway Right-of-Way › Section 392.038. Effect of Other Law or Ordinance

Sec. 392.038.  EFFECT OF OTHER LAW OR ORDINANCE.  If this subchapter conflicts with another law or a local ordinance, the more restrictive provision applies.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 393 - Outdoor Signs on Public Rights-of-Way › Section 393.001. Definition

Sec. 393.001.  DEFINITION.  In this chapter, "sign" means an outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, or other thing designed, intended, or used to advertise or inform.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 393 - Outdoor Signs on Public Rights-of-Way › Section 393.002. Sign Placement Prohibited

Sec. 393.002.  SIGN PLACEMENT PROHIBITED.  Except as provided by Sections 393.0025 and 393.0026, a person may not place a sign on the right-of-way of a public road unless the placement of the sign is authorized by state law.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1393, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 612 (H.B. 413), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 393 - Outdoor Signs on Public Rights-of-Way › Section 393.0025. Municipal Authority to Regulate Sign Placement

Sec. 393.0025.  MUNICIPAL AUTHORITY TO REGULATE SIGN PLACEMENT.  (a)  A person may not place a sign on the right-of-way of a road or highway maintained by a municipality unless the placement is authorized by the municipality.
(b)  This section does not apply to the right-of-way of a road or highway in the state highway system.
Added by Acts 1997, 75th Leg., ch. 1393, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 393 - Outdoor Signs on Public Rights-of-Way › Section 393.0026. Exception

Sec. 393.0026.  EXCEPTION.  (a)  This chapter does not apply to a temporary directional sign or kiosk erected by a political subdivision as part of a program approved by the department and administered by the political subdivision on a highway within the boundaries of the political subdivision.
(b)  This chapter does not apply to a sign placed in the right-of-way by a public utility or its contractor for purposes of the utility.
Added by Acts 2007, 80th Leg., R.S., Ch. 612 (H.B. 413), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 393 - Outdoor Signs on Public Rights-of-Way › Section 393.003. Confiscation, Notice, and Public Auction

Sec. 393.003.  CONFISCATION, NOTICE, AND PUBLIC AUCTION.  (a)  A sheriff, constable, or other trained volunteer authorized by the commissioners court of a county may confiscate a sign placed in violation of Section 393.002.
(b)  If the owner of a confiscated sign is known, the sheriff or constable shall notify the owner of the confiscation by certified mail, return receipt requested, not later than the 10th day after the date of the confiscation.  If the owner of the sign is not known, the sheriff or constable shall publish notice of the confiscation in a newspaper of general circulation in the county not later than the 10th day after the date of the confiscation.
(c)  A notice under Subsection (b) must:
(1)  include a description of the sign and the location from which the sign was confiscated;
(2)  include a statement that the owner may reclaim the sign before the 21st day after the date the notice was mailed or published if all fines that are imposed under this chapter are paid;  and
(3)  state the date, time, and location of the public auction where the sign will be sold if the sign is not reclaimed.
(d)  A notice by publication under Subsection (b) may contain multiple listings of confiscated signs.
(e)  The sheriff or constable may sell a sign at public auction if, before the 21st day after the date notice under Subsection (b) was mailed or published, the sign has not been reclaimed.  The sheriff or constable shall sell the sign to the highest bidder at the auction.
(f)  The sheriff or constable shall remit the proceeds of an auction under Subsection (e) to the county treasurer for deposit to the credit of a fund in the county treasury designated by the commissioners court.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 612 (H.B. 413), Sec. 6, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 393 - Outdoor Signs on Public Rights-of-Way › Section 393.004. Exemption From Notice Requirements

Sec. 393.004.  EXEMPTION FROM NOTICE REQUIREMENTS.  (a)  The commissioners court of a county by order may:
(1)  determine types of signs that are unlikely to be reclaimed if confiscated;  and
(2)  exempt those types of signs from the notice requirements of Section 393.003.
(b)  In determining the types of signs that are unlikely to be reclaimed, the commissioners court may consider:
(1)  the value of the materials in the signs;  and
(2)  the nature of the things advertised by the signs.
(c)  If the commissioners court exempts certain types of signs under this section, the sheriff or constable shall store a confiscated sign that is exempted for 21 days after the date the sign is confiscated and shall make the sign available for reclamation by the owner.  After that period, the sheriff or constable may discard the sign.
(d)  The sheriff, constable, or other trained volunteer authorized by the commissioners court may discard a sign of less than $25 in value without giving the notice required by Section 393.003.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 612 (H.B. 413), Sec. 7, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 393 - Outdoor Signs on Public Rights-of-Way › Section 393.005. Placement of Unauthorized Sign; Penalty

Sec. 393.005.  PLACEMENT OF UNAUTHORIZED SIGN;  PENALTY.  (a)  A person commits an offense if the person places a sign in violation of this chapter.
(b)  An offense under this section is a Class C misdemeanor.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 612 (H.B. 413), Sec. 8, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 393 - Outdoor Signs on Public Rights-of-Way › Section 393.006. Defense

Sec. 393.006.  DEFENSE.  It is a defense to prosecution or suit under this chapter that the defendant was a candidate for an elective public office and the sign is placed:
(1)  by a person other than the defendant; and
(2)  in connection with a campaign for an elective public office by the defendant.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 612 (H.B. 413), Sec. 9, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 393 - Outdoor Signs on Public Rights-of-Way › Section 393.007. Civil Penalty

Sec. 393.007.  CIVIL PENALTY.  (a)  A person who places or commissions the placement of a sign on the right-of-way of a public road that is not otherwise authorized by law may be liable for a civil penalty.  A district or county attorney or a municipal attorney in the jurisdiction in which the placement of a sign on the right-of-way of a public road is alleged to have occurred may sue to collect the penalty.
(b)  The amount of the civil penalty is not less than $500 or more than $1,000 for each violation, depending on the seriousness of the violation and whether the person has previously violated this chapter.  A separate penalty may be collected for each day a continuing violation occurs.
(c)  A penalty collected under this section shall be deposited to the credit of the general fund of the municipality in which the violation occurred if collected by a municipal attorney, or to the credit of the county road and bridge fund of the county in which the violation occurred if collected by a district or county attorney.
(d)  A district or county attorney or a municipal attorney may recover reasonable attorney's fees incurred in an action brought under Subsection (a).
Added by Acts 2007, 80th Leg., R.S., Ch. 612 (H.B. 413), Sec. 10, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 68 (H.B. 875), Sec. 2, eff. May 20, 2009.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 394 - Regulation of Outdoor Signs on Rural Roads › Subchapter A. General Provisions › Section 394.001. Definitions

Sec. 394.001.  DEFINITIONS.  In this chapter:
(1)  "On-premise sign" means a freestanding sign identifying or advertising a business, person, or activity, and installed and maintained on the same premises as the business, person, or activity.
(2)  "Off-premise sign" means a sign displaying advertising that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located.
(3)  "Person" means an individual, association, or corporation.
(4)  "Portable sign" means a sign designed to be mounted on a trailer, bench, wheeled carrier, or other nonmotorized mobile structure.
(5)  "Sign" means a structure, display, light device, figure, painting, drawing, message, plaque, poster, billboard, or other thing that is designed, intended, or used to advertise or inform.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 394 - Regulation of Outdoor Signs on Rural Roads › Subchapter A. General Provisions › Section 394.002. Application of Chapter

Sec. 394.002.  APPLICATION OF CHAPTER.  (a)  This chapter applies only to a sign that is:
(1)  outdoors;  and
(2)  visible from the main-traveled way of a rural road.
(b)  In this section, "rural road" means a road, street, way, or bridge:
(1)  that is located in an unincorporated area;
(2)  that is not privately owned or controlled;
(3)  any part of which is open to the public for vehicular traffic;  and
(4)  that is under the jurisdiction of this state or a political subdivision of this state.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 394 - Regulation of Outdoor Signs on Rural Roads › Subchapter A. General Provisions › Section 394.003. Exemptions

Sec. 394.003.  EXEMPTIONS.  (a)  This chapter does not apply to:
(1)  a sign that is allowed to be erected and maintained under the highway beautification provisions contained in Chapter 391;
(2)  a sign in existence before September 1, 1985;
(3)  a sign that has as its purpose the protection of life or property;
(4)  a directional or other official sign authorized by law, including a sign that pertains to a natural wonder or a scenic or historic attraction;
(5)  a sign that gives information about the location of an underground electric transmission line or a telegraph or telephone property or facility, a pipeline, a public sewer, or a waterline;
(6)  a sign erected by an agency or political subdivision of the state;  or
(7)  a sign erected solely for and relating to a public election if the sign:
(A)  is on private property;
(B)  is erected not earlier than the 90th day before the date of the election and is removed not later than the 10th day after the election date;
(C)  is constructed of lightweight material;  and
(D)  has a surface area not larger than 50 square feet.
(b)  Subsection (a)(2) does not exempt a sign from Section 394.048 to the extent that section applies.
Text of subsec. (c) as added by Acts 1997, 75th Leg., ch. 718, Sec. 1
(c)  This chapter does not apply to a directional sign for a small business, as defined by Section 2006.011, Government Code, if the sign:
(1)  is on private property;  and
(2)  has a surface area not larger than 50 square feet.
Text of subsec. (c) as added by Acts 1997, 75th Leg., ch. 1171, Sec. 2.05
(c)  This chapter does not apply to a directional sign for a small business, as defined by Section 2006.001, Government Code, if the sign:
(1)  is on private property;  and
(2)  has a surface area not larger than 50 square feet.
(d)  This chapter does not apply to a temporary directional sign or kiosk erected by a political subdivision as part of a program approved by the department and administered by the political subdivision on a highway within the boundaries of the political subdivision.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.23(a), eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 718, Sec. 1, eff. June 17, 1997;  Acts 1997, 75th Leg., ch. 1171, Sec. 2.05, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 611 (H.B. 412), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 394 - Regulation of Outdoor Signs on Rural Roads › Subchapter A. General Provisions › Section 394.004. Duties of Commission

Sec. 394.004.  DUTIES OF COMMISSION.  The commission shall:
(1)  administer and enforce this chapter;
(2)  adopt rules to regulate the erection or maintenance of a sign to which this chapter applies;  and
(3)  adopt rules under this chapter that specify the:
(A)  time for and manner of applying for a permit;  and
(B)  form of and information that must be included in a permit application.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 394 - Regulation of Outdoor Signs on Rural Roads › Subchapter A. General Provisions › Section 394.005. Disposition of Fees

Sec. 394.005.  DISPOSITION OF FEES.  Money the commission receives under this chapter shall be deposited to the credit of the state highway fund.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 46, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 394 - Regulation of Outdoor Signs on Rural Roads › Subchapter A. General Provisions › Section 394.006. Complaints; Records

Sec. 394.006.  COMPLAINTS; RECORDS.  (a)  The commission by rule shall establish procedures for accepting and resolving written complaints related to signs under this chapter.  The rules must include:
(1)  a process to make information available describing the department's procedures for complaint investigation and resolution, including making information about the procedures available on the department's Internet website;
(2)  a system to prioritize complaints so that the most serious complaints receive attention before less serious complaints; and
(3)  a procedure for compiling and reporting detailed annual statistics about complaints.
(b)  The department shall develop and provide a simple form for filing complaints with the department.
(c)  The department shall provide to each person who files a written complaint with the department, and to each person who is the subject of a complaint, information about the department's policies and procedures relating to complaint investigation and resolution.
(d)  The department shall keep, pursuant to the department's approved records retention schedule, an information file about each written complaint filed with the department that the department has authority to resolve.  The department shall keep the following information for each complaint for the purpose of enforcing this chapter:
(1)  the date the complaint is filed;
(2)  the name of the person filing the complaint;
(3)  the subject matter of the complaint;
(4)  each person contacted in relation to the complaint;
(5)  a summary of the results of the review or investigation of the complaint; and
(6)  if the department does not take action on the complaint, an explanation of the reasons that action was not taken.
(e)  If a written complaint is filed with the department that the department has authority to resolve, the department, at least quarterly and until final disposition of the complaint, shall notify the parties to the complaint of the status of the complaint unless the notice would jeopardize an ongoing department investigation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 47(a), eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 394 - Regulation of Outdoor Signs on Rural Roads › Subchapter B. License and Permit for Off-Premise Sign › Section 394.0201. Erecting Off-Premise Sign Without License; Offense

Sec. 394.0201.  ERECTING OFF-PREMISE SIGN WITHOUT LICENSE; OFFENSE.  (a)  A person commits an offense if the person wilfully erects or maintains an off-premise sign on a rural road without a license under this subchapter.
(b)  An offense under this section is a misdemeanor punishable by a fine of not less than $500 or more than $1,000.  Each day of the proscribed conduct is a separate offense.
(c)  A person is not required to obtain a license to erect or maintain an on-premise sign.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 49(a), eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 394 - Regulation of Outdoor Signs on Rural Roads › Subchapter B. License and Permit for Off-Premise Sign › Section 394.0202. Issuance and Period of License

Sec. 394.0202.  ISSUANCE AND PERIOD OF LICENSE.  (a)  The commission shall issue a license to a person who:
(1)  files with the commission a completed application form within the time specified by the commission;
(2)  pays the appropriate license fee; and
(3)  files with the commission a surety bond.
(b)  A license may be issued for one year or longer.
(c)  At least 30 days before the date on which a person's license expires, the commission shall notify the person of the impending expiration.  The notice must be in writing and sent to the person's last known address according to the records of the commission.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 49(a), eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 394 - Regulation of Outdoor Signs on Rural Roads › Subchapter B. License and Permit for Off-Premise Sign › Section 394.0203. License Fee

Sec. 394.0203.  LICENSE FEE.  The commission may set the amount of a license fee according to a scale graduated by the number of off-premise signs owned by the license applicant regulated under this chapter and commercial signs owned by the applicant regulated under Chapter 391.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 49(a), eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 30, eff. June 15, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 394 - Regulation of Outdoor Signs on Rural Roads › Subchapter B. License and Permit for Off-Premise Sign › Section 394.0204. Surety Bond

Sec. 394.0204.  SURETY BOND.  (a)  The surety bond required of an applicant for a license under Section 394.0202 must be:
(1)  in the amount of $2,500 for each county in the state in which the person erects or maintains an off-premise sign; and
(2)  payable to the commission for reimbursement for removal costs of an off-premise sign that the license holder unlawfully erects or maintains.
(b)  A person may not be required to provide more than $10,000 in surety bonds.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 49(a), eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 394 - Regulation of Outdoor Signs on Rural Roads › Subchapter B. License and Permit for Off-Premise Sign › Section 394.0205. Rules; Forms

Sec. 394.0205.  RULES; FORMS.  (a)  The commission may adopt rules to implement Sections 394.0201(a), 394.0202, 394.0203, 394.0204, and 394.0206.
(b)  For the efficient management and administration of this chapter and to reduce the number of employees required to enforce this chapter, the commission shall adopt rules for issuing standardized forms that are for submission by license holders and applicants and that provide for an accurate showing of the number, location, or other information required by the commission for each license holder's or applicant's off-premise signs under this chapter or commercial signs under Chapter 391.
(c)  The commission may not adopt a rule under this chapter that restricts competitive bidding or advertising by the holder of a license issued under this chapter other than a rule to prohibit false, misleading, or deceptive practices.  The limitation provided by this section applies only to rules relating to the occupation of outdoor advertiser and does not affect the commission's power to regulate the orderly and effective display of an off-premise sign under this chapter.  A rule to prohibit false, misleading, or deceptive practices may not:
(1)  restrict the use of:
(A)  any legal medium for an advertisement;
(B)  the license holder's advertisement under a trade name; or
(C)  the license holder's personal appearance or voice in an advertisement, if the license holder is an individual; or
(2)  relate to the size or duration of an advertisement by the license holder.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 49(a), eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 31, eff. June 15, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 394 - Regulation of Outdoor Signs on Rural Roads › Subchapter B. License and Permit for Off-Premise Sign › Section 394.0206. Revocation or Suspension of License; Appeal

Sec. 394.0206.  REVOCATION OR SUSPENSION OF LICENSE; APPEAL.  (a)  The commission may revoke or suspend a license issued under this subchapter or place on probation a license holder whose license is suspended if the license holder violates this chapter or a rule adopted under this chapter.  If the suspension of the license is probated, the department may require the license holder to report regularly to the commission on any matter that is the basis of the probation.
(b)  The judicial appeal of the revocation or suspension of a license must be initiated not later than the 15th day after the date of the commission's action.
(c)  The commission may adopt rules for the reissuance of a revoked or suspended license and may set fees for the reissuance.
(d)  The commission may deny the renewal of a license holder's existing license if the license holder has not complied with the permit requirements of this chapter or Chapter 391.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 49(a), eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 394 - Regulation of Outdoor Signs on Rural Roads › Subchapter B. License and Permit for Off-Premise Sign › Section 394.0207. Applicability of License

Sec. 394.0207.  APPLICABILITY OF LICENSE.  In addition to authorizing a person to erect or maintain an off-premise sign, a license issued under this chapter authorizes a person to erect or maintain a commercial sign under Chapter 391.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 49(a), eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 32, eff. June 15, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 394 - Regulation of Outdoor Signs on Rural Roads › Subchapter B. License and Permit for Off-Premise Sign › Section 394.021. Erecting Off-Premise Sign Without Permit; Offense

Sec. 394.021.  ERECTING OFF-PREMISE SIGN WITHOUT PERMIT; OFFENSE.  (a)  A person commits an offense if the person erects an off-premise sign unless the person first obtains a permit under this subchapter from the commission.
(b)  Except as otherwise authorized by this chapter, the commission may not issue a permit for an off-premise sign unless the sign is to be located:
(1)  within 800 feet of a recognized commercial or industrial business activity or the office of a governmental entity;  and
(2)  on the same side of the road as the business activity or the office of the governmental entity.
(b-1)  If the off-premise sign is located within the jurisdiction of a municipality with a population of more than 1.9 million that is exercising its authority to regulate off-premise signs, the commission may not issue a permit under this section if the municipality has acted to prohibit new off-premise signs within the jurisdiction of the municipality.
(c)  A person commits an offense if the person:
(1)  allows an off-premise sign to be erected on property owned by the person; and
(2)  knows or should have known that the sign was erected in violation of this chapter.
(d)  An offense under this section is a misdemeanor punishable by a fine of not less than $500 or more than $1,000.  Each day of the proscribed conduct is a separate offense.
(e)  It is a defense to prosecution for an offense under this chapter that the person removed the unauthorized sign not later than the 45th day after the date the person received a citation for the offense.  If the court is satisfied with the evidence produced by the person to establish a defense under this subsection, the court shall dismiss the charge.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 2.06, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 611 (H.B. 412), Sec. 5, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 611 (H.B. 412), Sec. 6, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1083 (H.B. 2944), Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(101), eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 394 - Regulation of Outdoor Signs on Rural Roads › Subchapter B. License and Permit for Off-Premise Sign › Section 394.022. Issuance of Permit

Sec. 394.022.  ISSUANCE OF PERMIT.  (a)  The commission shall issue a permit to a person:
(1)  whose application complies with commission rule;
(2)  whose sign, if erected, would comply with the requirements of this chapter; and
(3)  who, if the off-premise sign is located within the jurisdiction of a municipality with a population of more than 1.9 million that is exercising its authority to regulate off-premise signs, has obtained a permit for the off-premise sign.
(b)  Subsection (a)(3) does not apply to the relocation of an off-premise sign to another location if the construction, reconstruction, or expansion of a highway requires the removal of the off-premise sign.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1083 (H.B. 2944), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 394 - Regulation of Outdoor Signs on Rural Roads › Subchapter B. License and Permit for Off-Premise Sign › Section 394.023. Time of Permit

Sec. 394.023.  TIME OF PERMIT.  A permit is valid for one year.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 394 - Regulation of Outdoor Signs on Rural Roads › Subchapter B. License and Permit for Off-Premise Sign › Section 394.024. Bond

Sec. 394.024.  BOND.  (a)  The commission by rule may require an applicant for a permit to file with the commission a surety bond or other security in a reasonable amount.
(b)  The bond or other security must be payable to the commission to reimburse the commission for the cost of removing a sign unlawfully erected or maintained by a permit holder.
(c)  A rule adopted under Subsection (a) must exempt an applicant from filing a bond or other security if the applicant has:
(1)  held at least five permits under this chapter for at least one year;  and
(2)  not violated this chapter or a rule adopted under this chapter during the preceding 12 months.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 394 - Regulation of Outdoor Signs on Rural Roads › Subchapter B. License and Permit for Off-Premise Sign › Section 394.025. Fee

Sec. 394.025.  FEE.  (a)  The commission by rule shall prescribe a fee to issue a permit in an amount the commission determines is sufficient to enable the commission to recover the costs of enforcing this chapter.
(b)  A political subdivision of this state or its designated agent is exempt from a fee required under this section for a sign containing a noncommercial message or advertisement.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 394 - Regulation of Outdoor Signs on Rural Roads › Subchapter B. License and Permit for Off-Premise Sign › Section 394.026. Revocation of Permit; Appeal

Sec. 394.026.  REVOCATION OF PERMIT;  APPEAL.  (a)  The commission may revoke a permit if the permit holder violates this chapter or a rule adopted under this chapter.
(b)  A person whose permit is revoked may appeal the revocation not later than the 15th day after the date of the revocation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.