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 B. Regulation of Commercial Signs Generally › Section 391.033. Acquisition of Commercial Signs by Commission

Sec. 391.033.  ACQUISITION OF COMMERCIAL SIGNS BY COMMISSION.  (a)  The commission may purchase or acquire by eminent domain a commercial sign that is lawfully in existence on a highway in the interstate or primary system.
(b)  If an acquisition is by eminent domain, the commission shall pay just compensation to:
(1)  the owner for the right, title, leasehold, and interest in the commercial sign; and
(2)  the owner or, if appropriate, the lessee of the real property on which the commercial sign is located for the right to erect and maintain the sign.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 9, 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 B. Regulation of Commercial Signs Generally › Section 391.034. Nuisance; Injunction

Sec. 391.034.  NUISANCE; INJUNCTION.  (a)  A commercial sign that is erected or maintained in violation of this chapter:
(1)  endangers the health, safety, welfare, morals, and enjoyment of the traveling public and the protection of the public investment in the interstate and primary highway systems; and
(2)  is a public nuisance.
(b)  On written notice by certified mail from the department, an owner of a commercial sign that is a public nuisance under Subsection (a) shall remove the sign.  If the owner does not remove the sign within 45 days of the date of the notice, the department may direct the attorney general to apply for an injunction to:
(1)  prohibit the owner from maintaining the sign; and
(2)  require the removal of the sign.
(c)  The state is entitled to recover from the owner of a commercial sign removed under an action brought under Subsection (b) all administrative and legal costs and expenses incurred to remove the sign, including court costs and reasonable attorney's fees.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 10, 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 B. Regulation of Commercial Signs Generally › Section 391.035. Civil Penalty

Sec. 391.035.  CIVIL PENALTY.  (a)  In lieu of being subject to a criminal penalty, a person who intentionally violates this subchapter or Subchapter C may be liable for a civil penalty.  The attorney general or a district or county attorney of the county in which the violation 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.  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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 442, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 611 (H.B. 412), Sec. 3, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 68 (H.B. 875), Sec. 1, eff. May 20, 2009.
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 B. Regulation of Commercial Signs Generally › Section 391.0355. Administrative Penalty

Sec. 391.0355.  ADMINISTRATIVE PENALTY.  (a)  In lieu of a suit to collect a civil penalty, the commission, after notice and an opportunity for a hearing before the commission, may impose an administrative penalty against a person who violates this chapter or a rule adopted by the commission under this chapter.  Each day a violation continues is a separate violation.
(b)  The amount of the administrative penalty may not exceed the maximum amount of a civil penalty under Section 391.035.
(c)  A proceeding under this section is a contested case under Chapter 2001, Government Code.
(d)  Judicial review of an appeal of an administrative penalty imposed under this section is under the substantial evidence rule.
(e)  An administrative penalty collected under this section shall be deposited to the credit of the state highway fund.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 41, eff. September 1, 2011.
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 B. Regulation of Commercial Signs Generally › Section 391.036. Scope of Commission Responsibility

Sec. 391.036.  SCOPE OF COMMISSION RESPONSIBILITY.  The commission's responsibility for the regulation of commercial signs is only on highways on the interstate and primary systems, including interstate highways, state highways, and farm-to-market roads.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 11, 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 B. Regulation of Commercial Signs Generally › Section 391.038. Sign Height

Sec. 391.038.  SIGN HEIGHT.  (a) Except as otherwise provided by this section, a sign may not be higher than 60 feet, excluding a cutout that extends above the rectangular border of the sign, measured:
(1)  from the grade level of the centerline of the main-traveled way, not including a frontage road of a controlled access highway, closest to the sign at a point perpendicular to the sign location; or
(2)  if the main-traveled way is below grade, from the base of the sign structure.
(a-1)  Subsection (a) does not apply to a sign regulated by a municipality certified for local control under an agreement with the department as provided by department rule.
(b)  A sign existing on March 1, 2017, that was erected before that date may not be higher than 85 feet, excluding a cutout that extends above the rectangular border of the sign, measured:
(1)  from the grade level of the centerline of the main-traveled way, not including a frontage road of a controlled access highway, closest to the sign at a point perpendicular to the sign location; or
(2)  if the main-traveled way is below grade, from the base of the sign structure.
(c)  A person who holds a permit for a sign existing on March 1, 2017, that was erected before that date may rebuild the sign, provided that the sign is rebuilt at the same location where the sign existed on that date at a height that does not exceed the lesser of:
(1)  the height of the sign on March 1, 2017; or
(2)  85 feet.
(c-1)  Except as provided by Subsection (c-2), before rebuilding a sign under Subsection (c), the person who holds the permit for the sign must obtain a new or amended permit if required by:
(1)  a provision of this chapter; or
(2)  a rule adopted to implement a provision of this chapter.
(c-2)  Subsection (c-1) does not apply to the rebuilding of a sign under Subsection (c) if the person who holds the permit for the sign rebuilds because of damage to the sign caused by:
(1)  wind or a natural disaster;
(2)  a motor vehicle collision; or
(3)  an act of God.
Added by Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 43, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1211 (S.B. 357), Sec. 1, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 8, eff. September 1, 2023.
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 B. Regulation of Commercial Signs Generally › Section 391.0381. Violations by Certain Persons of Sign Height Provision: Permit Denial

Sec. 391.0381.  VIOLATIONS BY CERTAIN PERSONS OF SIGN HEIGHT PROVISION: PERMIT DENIAL.  (a)  This section applies only to a person who has permits for 100 or more signs.
(b)  If a sign for which a person has a permit violates Section 391.038 or a rule adopted to implement that section, the commission may, after notice and an opportunity for a hearing before the commission, deny an application for a permit requested by the person on or after the date of the violation.
(c)  After notice and an opportunity for hearing before the commission, the commission may deny an application for a permit or permit renewal for a sign if another sign for which the person has a permit is in violation of Section 391.038.  The commission is not required to issue a permit to or renew a permit of the person for a sign until all signs for which the person has a permit comply with Section 391.038.
Added by Acts 2019, 86th Leg., R.S., Ch. 1211 (S.B. 357), Sec. 2, eff. September 1, 2019.
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 B. Regulation of Commercial Signs Generally › Section 391.039. Spacing Requirements in Certain Municipalities

Sec. 391.039.  SPACING REQUIREMENTS IN CERTAIN MUNICIPALITIES.  (a)  In this section, "electronic sign" means a sign that changes its message or copy by programmable electronic or mechanical processes.
(b)  The department, in regulating outdoor advertising located in the corporate boundaries of a municipality with a population of more than 200,000 located in a county on the Texas-Mexico border with a population of less than 300,000, may not require an electronic sign owned by the municipality to be more than 500 feet from another sign.
Added by Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 43, eff. September 1, 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 C. License and Permit for Commercial Signs › Section 391.061. License for Commercial Signs; Offense

Sec. 391.061.  LICENSE FOR COMMERCIAL SIGNS; OFFENSE.  (a)  A person commits an offense if the person wilfully erects or maintains a commercial sign in an area described by Section 391.031(a) 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)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 33(5), eff. June 15, 2017.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 13, eff. June 15, 2017.
Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 14, eff. June 15, 2017.
Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 33(5), 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 C. License and Permit for Commercial Signs › Section 391.062. Issuance and Period of License

Sec. 391.062.  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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 2.02, eff. Sept. 1, 1997.
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 C. License and Permit for Commercial Signs › Section 391.063. License Fee

Sec. 391.063.  LICENSE FEE.  The commission may set the amount of a license fee according to a scale graduated by the number of commercial signs owned by the license applicant that are regulated under this chapter and the number of off-premise signs owned by the license applicant and regulated under Chapter 394.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 17.03, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 42, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 15, 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 C. License and Permit for Commercial Signs › Section 391.064. Surety Bond

Sec. 391.064.  SURETY BOND.  (a)  The surety bond required of an applicant for a license under Section 391.062 must be:
(1)  in the amount of $2,500 for each county in the state in which the person erects or maintains a commercial sign; and
(2)  payable to the commission for reimbursement for removal costs of a commercial 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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 16, 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 C. License and Permit for Commercial Signs › Section 391.065. Rules; Forms

Sec. 391.065.  RULES; FORMS.  (a)  The commission may adopt rules to implement this subchapter and Subchapters A and B.
(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 commercial signs under this chapter or off-premise signs under Chapter 394.
(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 erecting or maintaining commercial signs and does not affect the commission's power to regulate the orderly and effective display of commercial signs 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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 2.01, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 43, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 17, 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 C. License and Permit for Commercial Signs › Section 391.066. Revocation or Suspension of License; Appeal

Sec. 391.066.  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 license if the license holder has not complied with the permit requirements of this chapter or Chapter 394.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 2.03, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 44, eff. September 1, 2011.
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 C. License and Permit for Commercial Signs › Section 391.0661. Applicability of License

Sec. 391.0661.  APPLICABILITY OF LICENSE.  In addition to authorizing a person to erect or maintain a commercial sign under this chapter, a license issued under this chapter authorizes a person to erect or maintain an off-premise sign under Chapter 394.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 45, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 18, 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 C. License and Permit for Commercial Signs › Section 391.067. Permit for Commercial Signs; Offense

Sec. 391.067.  PERMIT FOR COMMERCIAL SIGNS; OFFENSE.  (a)  A person who has a license issued under this subchapter commits an offense if the person wilfully erects or maintains a commercial sign for which a license is required under Section 391.061 unless that person also has a permit for the sign.
(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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 19, eff. June 15, 2017.
Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 20, 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 C. License and Permit for Commercial Signs › Section 391.068. Issuance of Permit

Sec. 391.068.  ISSUANCE OF PERMIT.  (a)  Except as provided by Subsection (d), the commission shall issue a permit to a person with a license issued under this subchapter:
(1)  whose license application complies with rules adopted under Section 391.065; and
(2)  whose commercial sign, whether owned or leased, if erected would comply with this chapter and rules adopted under Section 391.032(a).
(b)  The commission by rule shall prescribe:
(1)  a reasonable fee for each permit;
(2)  the time for and manner of applying for a permit;  and
(3)  the form and content of the permit application.
(c)  A permit issued to regulate the erection and maintenance of a commercial sign by a political subdivision of this state within that subdivision's jurisdiction shall be accepted in lieu of the permit required by this subchapter if the erection and maintenance of the sign complies with this subchapter and rules adopted under Section 391.032(a).
(d)  In addition to the requirements of Subsection (a), if the commercial 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 commercial signs, the commission may issue a permit under this section only if the municipality:
(1)  has not acted to prohibit new commercial signs within the jurisdiction of the municipality; and
(2)  has issued a permit authorizing the commercial sign.
(e)  Subsection (d) does not apply to the relocation of a commercial sign to another location if the construction, reconstruction, or expansion of a highway requires the removal of the 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. 1, eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 21, 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 C. License and Permit for Commercial Signs › Section 391.069. Fee Amounts

Sec. 391.069.  FEE AMOUNTS.  The license and permit fees required by this subchapter may not exceed an amount reasonably necessary to cover the administrative costs incurred to enforce this chapter.
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 391 - Highway Beautification on Interstate and Primary Systems and Certain Roads › Subchapter C. License and Permit for Commercial Signs › Section 391.070. Exceptions for Certain Nonprofit Organizations

Sec. 391.070.  EXCEPTIONS FOR CERTAIN NONPROFIT ORGANIZATIONS.  (a)  The combined license and permit fees under this subchapter may not exceed $10 for a commercial sign erected and maintained by a nonprofit organization in a municipality or a municipality's extraterritorial jurisdiction if the sign relates to or promotes only the municipality or a political subdivision whose jurisdiction is wholly or partly concurrent with the municipality.
(b)  The nonprofit organization is not required to file a bond as provided by Section 391.062(a)(3).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 22, 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 D. Specific Information Logo Signs › Section 391.091. Erection and Maintenance of Signs

Sec. 391.091.  ERECTION AND MAINTENANCE OF SIGNS.  (a)  The department shall contract with an individual, firm, group, or association in this state to erect and maintain specific information logo signs and major shopping area guide signs at appropriate locations along an eligible highway.
(b)  The department may enter into a contract under this section by the method that the department determines is the most practical or most advantageous for the state, including competitive bids, competitive sealed proposals, and open market contracts.
(b-1)  A contract under this section shall provide for:
(1)  the assessment of fees to be paid to a contractor by a commercial establishment eligible for display on the specific information logo sign;  and
(2)  remittance to the department of at least 10 percent of the fees collected by the contractor.
(c)  The department shall make a written award of a contract to the offeror whose proposal offers the best value for the state.  In determining the best value for the state, the department may consider:
(1)  revenue provided to the department by the contractor;
(2)  fees to be charged eligible businesses or agricultural interests for inclusion on the signs;
(3)  the quality of services offered;
(4)  the contractor's financial resources and ability to perform;  and
(5)  any other factor the department considers relevant.
(d)  To the extent of any conflict, this section prevails over any other law relating to the method of the purchasing of goods and services by the department.
(e)  Subtitle D, Title 10, Government Code, and Chapter 223 do not apply to purchases of goods and services under this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.22(a), eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 713, Sec. 2, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 743, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 878 (S.B. 1137), Sec. 7, eff. June 17, 2005.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(100), eff. September 1, 2009.
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 D. Specific Information Logo Signs › Section 391.092. Regulation of Signs Generally

Sec. 391.092.  REGULATION OF SIGNS GENERALLY.  (a)  The commission shall:
(1)  regulate the content, composition, placement, erection, and maintenance of specific information logo signs and supports on an eligible highway right-of-way;  and
(2)  adopt rules necessary to administer and enforce this subchapter.
(b)  A specific information logo sign must:
(1)  have a blue background with a white reflective border;  and
(2)  contain a principal legend equal in height to the directional legend.
(c)  A specific information logo sign may not:
(1)  contain a message, symbol, or trademark that resembles an official traffic-control device;  or
(2)  be divided into more than six panels that contain establishment names.
(d)  The commission shall adopt rules, in accordance with applicable federal law, regulations, and guidelines, for determining eligible highways along which specific information logo signs, major shopping area guide signs, and tourist-oriented directional signs may be located.  If permitted by federal law, regulations, or guidelines, the commission may establish different highway eligibility criteria for each type of sign.
(e)  In this section, "tourist-oriented directional signs" has the meaning assigned by Section 391.099.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.22(b), eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 602, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 935 (H.B. 3441), Sec. 2, eff. June 15, 2007.
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 D. Specific Information Logo Signs › Section 391.0935. Major Shopping Area Guide Signs

Sec. 391.0935.  MAJOR SHOPPING AREA GUIDE SIGNS.  (a)  Unless the commission determines there is a conflict with federal law, the commission shall establish a program that allows the erection and maintenance of major shopping area guide signs at appropriate locations along eligible highways.
(b)  The commission shall adopt rules regulating the content, composition, placement, erection, and maintenance of major shopping area guide signs and supports within eligible highway rights-of-way.  The commission by rule shall establish criteria for determining if a geographic area contains a sufficient concentration of retail establishments to be considered a major shopping area.  A major shopping area is entitled to have its name displayed on major shopping area guide signs if it meets the criteria established by the commission and is located not farther than three miles from an interchange on an eligible highway.
(c)  A major shopping area that has its name displayed on a major shopping area guide sign shall reimburse the commission for all costs associated with the composition, placement, erection, and maintenance of the sign unless the commission has entered into a contract under Subsection (f).
(d)  Major shopping area guide signs may be included as part of exit direction signs, advance guide signs, and supplemental guide signs and must include guide signs for both directions of traffic on an eligible highway.
(e)  Sections 391.093(b)-(e) do not apply to major shopping area guide signs.
(f)  The commission may contract with an individual, firm, group, or association in this state to erect and maintain major shopping area guide signs at appropriate locations along an eligible highway.
(g)  A contract under this section shall provide for:
(1)  the assessment of fees to be paid to a contractor by a major shopping area;  and
(2)  remittance to the department of at least 10 percent of the fees collected by the contractor.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.22(d), eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 743, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 935 (H.B. 3441), Sec. 3, eff. June 15, 2007.
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 D. Specific Information Logo Signs › Section 391.094. Duty Not to Discriminate

Sec. 391.094.  DUTY NOT TO DISCRIMINATE.  A commercial establishment identified on a specific information logo sign shall conform to all applicable laws concerning the provision of public accommodations without regard to race, religion, color, sex, or national origin.
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 391 - Highway Beautification on Interstate and Primary Systems and Certain Roads › Subchapter D. Specific Information Logo Signs › Section 391.095. Placement of Signs

Sec. 391.095.  PLACEMENT OF SIGNS.  (a)  The contractor installing a specific information logo sign shall place the sign so that:
(1)  the sign is at least 800 feet from the previous interchange and at least 800 feet from the exit direction sign at the interchange from which the services are available;
(2)  two signs having the same legend are at least 800 feet apart, but are not excessively spaced;  and
(3)  a motorist, after following the sign, can conveniently reenter the highway and continue in the original direction of travel.
(b)  A specific information logo sign that is placed along a ramp or at a ramp terminal must be a duplicate of the corresponding establishment logo sign, except that the ramp sign must:
(1)  be smaller;
(2)  include the distance to the commercial establishment;  and
(3)  include directional arrows instead of directions shown in words.
(c)  If the service facilities are not visible from an interchange ramp terminal, additional signs may be placed along the ramp or at the ramp terminal.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.22(e), eff. Sept. 1, 1997.
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 D. Specific Information Logo Signs › Section 391.096. Disposition of Funds

Sec. 391.096.  DISPOSITION OF FUNDS.  Funds received under this subchapter 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 391 - Highway Beautification on Interstate and Primary Systems and Certain Roads › Subchapter D. Specific Information Logo Signs › Section 391.098. Variances

Sec. 391.098.  VARIANCES.  (a)  The commission shall authorize the director to grant variances, on a case-by-case basis, to the eligibility, location, or placement of specific logo signs and major shopping area guide signs, including the highways along which a sign may be located.  The commission may adopt rules prescribing conditions or guidelines the director should or must consider when determining whether to grant a variance.
(b)  The director may grant a variance if the director determines that:
(1)  the variance would promote traffic safety;
(2)  the variance would improve traffic flow;
(3)  an overpass, highway sign, or other highway structure unduly obstructs the visibility of an existing commercial sign;  or
(4)  the variance would satisfy other conditions or guidelines prescribed by commission rules authorizing the granting of variances.
(c)  The director may not grant a variance to the requirements of this subchapter regarding supports, content, or composition of signs.
(d)  In this section, "director" means the director or the director's designee.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 2.04, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 713, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 878 (S.B. 1137), Sec. 8, eff. June 17, 2005.
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 E. Regulation of Junkyards and Automobile Graveyards › Section 391.121. Prohibited Junkyard; Offense

Sec. 391.121.  PROHIBITED JUNKYARD;  OFFENSE.  (a)  A person commits an offense if:
(1)  the person wilfully establishes, operates, or maintains a junkyard any portion of which is within 1,000 feet of the nearest edge of a right-of-way of a highway in the interstate or primary system;  and
(2)  the junkyard is not:
(A)  screened by appropriate means, including natural objects, plantings, or fences, so that it is not visible from the main-traveled way of the interstate or primary highway;  or
(B)  located in an area that is a zoned or unzoned industrial area.
(b)  The determination of whether an area is industrial must be made under criteria established by commission rule and according to actual land use.
(c)  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.
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 391 - Highway Beautification on Interstate and Primary Systems and Certain Roads › Subchapter E. Regulation of Junkyards and Automobile Graveyards › Section 391.122. Authority of Commission to Screen Junkyard

Sec. 391.122.  AUTHORITY OF COMMISSION TO SCREEN JUNKYARD.  (a)  The commission may screen with appropriate means, including natural objects, plantings, or fences, a lawfully existing junkyard that is within 1,000 feet of the nearest edge of a right-of-way of a highway in the interstate or primary system.
(b)  The commission may acquire an area outside of a highway right-of-way so that a junkyard may be screened from the main-traveled way of a highway in the interstate or primary 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 391 - Highway Beautification on Interstate and Primary Systems and Certain Roads › Subchapter E. Regulation of Junkyards and Automobile Graveyards › Section 391.123. Rules Relating to Screening of Junkyards

Sec. 391.123.  RULES RELATING TO SCREENING OF JUNKYARDS.  The commission may adopt rules governing the location, planting, construction, and maintenance of the materials used in screening junkyards.
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 391 - Highway Beautification on Interstate and Primary Systems and Certain Roads › Subchapter E. Regulation of Junkyards and Automobile Graveyards › Section 391.124. Compensation to Owner of Junkyard

Sec. 391.124.  COMPENSATION TO OWNER OF JUNKYARD.  If the commission determines that the screening of a lawfully existing junkyard that is within 1,000 feet of the nearest edge of a right-of-way of a highway in the interstate or primary system is not feasible, the commission shall pay just compensation to:
(1)  the owner of the junkyard for its relocation, removal, or disposal;  and
(2)  the owner or, if appropriate, the lessee of the real property on which the junkyard is located for the taking of the right to erect and maintain a junkyard.
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 391 - Highway Beautification on Interstate and Primary Systems and Certain Roads › Subchapter E. Regulation of Junkyards and Automobile Graveyards › Section 391.125. Injunction to Require Screening

Sec. 391.125.  INJUNCTION TO REQUIRE SCREENING.  (a)  On written notice by certified mail from the department, an owner of a junkyard that is established, operated, or maintained in violation of this subchapter or a rule adopted under this subchapter shall screen the junkyard in accordance with Section 391.121.  If the owner does not screen the junkyard within 45 days of the date of the notice, the department may request the attorney general to apply for an injunction to require the screening of the junkyard.
(b)  Under an action brought under Subsection (a), the state is entitled to recover from the owner of a junkyard all administrative and legal costs and expenses incurred to require the screening of the junkyard, including court costs and reasonable attorney's fees.
Added by Acts 1999, 76th Leg., ch. 442, Sec. 2, eff. June 18, 1999.
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 E. Regulation of Junkyards and Automobile Graveyards › Section 391.126. Civil Penalty

Sec. 391.126.  CIVIL PENALTY.  (a)  In addition to being subject to a criminal penalty or injunctive action, a person who intentionally violates this subchapter is liable to the state for a civil penalty.  The attorney general may sue to collect the penalty.
(b)  The amount of a civil penalty under this section is not less than $500 or more than $1,000 for each violation, depending on the seriousness of the violation.  A separate penalty may be collected for each day a continuing violation occurs.
Added by Acts 1999, 76th Leg., ch. 442, Sec. 2, eff. June 18, 1999.
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 E. Regulation of Junkyards and Automobile Graveyards › Section 391.127. Salvage Vehicle Dealer License

Sec. 391.127.  SALVAGE VEHICLE DEALER LICENSE.  The commission may revoke or suspend a license issued under Chapter 2302, Occupations Code, 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.
Added by Acts 1999, 76th Leg., ch. 442, Sec. 2, eff. June 18, 1999.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.820, eff. Sept. 1, 2003.
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 F. Acquisition for Scenic Enhancement or Public Accommodation › Section 391.151. Acquisition for Scenic Enhancement

Sec. 391.151.  ACQUISITION FOR SCENIC ENHANCEMENT.  The commission may acquire, improve, and maintain a strip of real property adjacent to a federal-aid highway in this state if the property is necessary to restore, preserve, or enhance scenic beauty.
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 391 - Highway Beautification on Interstate and Primary Systems and Certain Roads › Subchapter F. Acquisition for Scenic Enhancement or Public Accommodation › Section 391.152. Acquisition for Public Accommodation

Sec. 391.152.  ACQUISITION FOR PUBLIC ACCOMMODATION.  The commission may acquire and provide rest and recreation areas or sanitary and other facilities in or adjacent to a highway right-of-way if the area or facility is necessary to accommodate the traveling public.
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 391 - Highway Beautification on Interstate and Primary Systems and Certain Roads › Subchapter G. Acquisitions by Commission › Section 391.181. Powers and Methods of Acquisition

Sec. 391.181.  POWERS AND METHODS OF ACQUISITION.  (a)  The commission may acquire by gift, purchase, exchange, or condemnation any right or property interest that it considers necessary or convenient to implement this chapter.
(b)  The exercise of the power of eminent domain authorized by this chapter is the same as that authorized by Subchapter D, Chapter 203.
(c)  Real property owned by the state is subject to this chapter.
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 391 - Highway Beautification on Interstate and Primary Systems and Certain Roads › Subchapter G. Acquisitions by Commission › Section 391.182. State Vouchers and Warrants

Sec. 391.182.  STATE VOUCHERS AND WARRANTS.  (a)  On delivery to and acceptance by the commission of an instrument conveying to the state an interest described by Section 391.181(a), the commission shall prepare and transmit to the comptroller a voucher covering the commission's costs in acquiring the interest.
(b)  The comptroller shall issue a warrant on the appropriate account covering the state's obligation as evidenced by the voucher.
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 391 - Highway Beautification on Interstate and Primary Systems and Certain Roads › Subchapter G. Acquisitions by Commission › Section 391.183. Recording of Instruments

Sec. 391.183.  RECORDING OF INSTRUMENTS.  (a)  An instrument conveying an interest in real property to the state in connection with the implementation of this chapter must be recorded in the deed records of each county in which the property is situated.
(b)  The state shall pay the fee for recording the instrument in the same manner as a fee is paid for the recording of a highway right-of-way instrument and in accordance with the law establishing the fee to be charged by the county clerk for recording a highway right-of-way instrument.
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 391 - Highway Beautification on Interstate and Primary Systems and Certain Roads › Subchapter G. Acquisitions by Commission › Section 391.184. Disposal of State Real Property

Sec. 391.184.  DISPOSAL OF STATE REAL PROPERTY.  An interest in real property acquired to implement this chapter that becomes surplus and is determined by the commission as no longer necessary to the state for the purpose for which it was acquired or for a highway purpose shall be disposed of in accordance with Subchapter B, Chapter 202.
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 391 - Highway Beautification on Interstate and Primary Systems and Certain Roads › Subchapter H. Regulation of Commercial Signs on State Highway 288 › Section 391.211. Applicability of Subchapter

Sec. 391.211.  APPLICABILITY OF SUBCHAPTER.  (a)  This subchapter applies only to a commercial sign that is erected on or after September 1, 1993.
(b)  This subchapter does not limit any authority granted to the department under this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 24, 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 H. Regulation of Commercial Signs on State Highway 288 › Section 391.212. Regulation of Certain Commercial Signs

Sec. 391.212.  REGULATION OF CERTAIN COMMERCIAL SIGNS.  The department may license or otherwise regulate the erection of a commercial sign that is located within 1,000 feet of the center line of that part of State Highway 288 in the unincorporated area of a county.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 25, 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 H. Regulation of Commercial Signs on State Highway 288 › Section 391.213. Violation of Rule; Offense

Sec. 391.213.  VIOLATION OF RULE;  OFFENSE.  (a)  A person commits an offense if the person violates a rule adopted under this subchapter.
(b)  An offense under this section is a Class C misdemeanor.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.