reglab/statecodes huggingface dataset:
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 394.027. Denial of Permit; Appeal

Sec. 394.027.  DENIAL OF PERMIT; APPEAL.  The commission may create a process by which an applicant may appeal a denial of a permit under this subchapter.
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 394.028. Fee Amounts

Sec. 394.028.  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.
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 394.029. Exceptions for Certain Nonprofit Organizations

Sec. 394.029.  EXCEPTIONS FOR CERTAIN NONPROFIT ORGANIZATIONS.  (a)  The combined license and permit fees under this subchapter may not exceed $10 for an off-premise 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 394.0202(a)(3).
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 C. Other General Regulations › Section 394.041. Height Restrictions

Sec. 394.041.  HEIGHT RESTRICTIONS.  (a)  An on-premise or off-premise sign may not be higher than 42-1/2 feet, excluding a cutout that extends above the rectangular border, measured from the highest point on the sign to the grade level of the road from which the sign is viewed.
(b)  No part of a roof sign that has a tight or solid surface may be higher than 24 feet above the roof level.
(c)  An open roof sign in which the uniform open area is 40 percent or more of the total gross area may not be higher than 40 feet above the roof level.
(d)  The lowest point on a projecting sign may not be lower than 14 feet above grade.
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 C. Other General Regulations › Section 394.042. Face Restrictions

Sec. 394.042.  FACE RESTRICTIONS.  (a)  The face area of an on-premise sign may not be larger than 400 square feet, including a cutout but excluding an upright, trim, or apron.
(b)  The face area of an off-premise sign may not be larger than 672 square feet, excluding a cutout, upright, trim, or apron.
(c)  The cutout area of an off-premise or on-premise sign may not be larger than 20 percent of the sign's surface copy area.
(d)  This section does not apply to:
(1)  a sign that advertises the sale or lease of property on which the sign is located;  or
(2)  an on-premise wall 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 394 - Regulation of Outdoor Signs on Rural Roads › Subchapter C. Other General Regulations › Section 394.043. Wind Load Pressure Restrictions

Sec. 394.043.  WIND LOAD PRESSURE RESTRICTIONS.  (a)  An on-premise or off-premise sign must be designed to resist wind loads as follows:
Wind load pressure
Height in feet
in pounds for each
above ground
square foot
0-5
0
6-30
20
31-50
25
51-99
35
100-199
45
200-299
50
300-399
55
400-500
60
501-800
70
Over 800
77
(b)  Under this section, the height of a sign is measured above the average level of the ground adjacent to the structure.
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 C. Other General Regulations › Section 394.044. Replacement or Repair

Sec. 394.044.  REPLACEMENT OR REPAIR.  (a)  A sign or a substantial part of a sign that is blown down, destroyed, taken down, or removed for any purpose other than for maintenance or for changing a letter, symbol, or other matter on the sign may not be reerected, reconstructed, or rebuilt unless the sign conforms with this chapter.
(b)  For purposes of this section, a sign or substantial part of a sign is considered destroyed only if the cost of repairing the sign is more than 50 percent of the cost of erecting a new sign of the same type at the same location.
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 C. Other General Regulations › Section 394.045. Space Between Signs

Sec. 394.045.  SPACE BETWEEN SIGNS.  (a)  An off-premise sign that has a face area of 301 square feet or more may not be erected within 1,500 feet of another off-premise sign on the same side of the road.
(b)  An off-premise sign that has a face area of 100 or more but less than 301 square feet may not be erected within 500 feet of another off-premise sign on the same side of the road.
(c)  An off-premise sign that has a face area of less than 100 square feet may not be erected within 150 feet of another off-premise sign on the same side of the road.
(d)  A sign located at the same intersection where one or more other signs are located does not violate this section because of its proximity to another sign if each of the signs is located so that the sign's message is directed toward the traffic flowing in a direction different from the traffic toward which any other sign's message is directed.
(e)  In this section, for purposes of measuring distance between signs, each double-faced, back-to-back, or V-type sign is a single 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 394 - Regulation of Outdoor Signs on Rural Roads › Subchapter C. Other General Regulations › Section 394.046. Computing Face Area of Certain Signs

Sec. 394.046.  COMPUTING FACE AREA OF CERTAIN SIGNS.  Each face area of a double-faced, back-to-back, or V-type sign is considered to be a separate sign for the purpose of computing the face area under Section 394.042 or 394.045.
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 C. Other General Regulations › Section 394.047. Number of Signs

Sec. 394.047.  NUMBER OF SIGNS.  A business may not maintain more than five on-premise signs for each frontage on a single road at a single business location.
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 C. Other General Regulations › Section 394.048. Registration of Certain Off-Premise Signs

Sec. 394.048.  REGISTRATION OF CERTAIN OFF-PREMISE SIGNS.  (a)  The owner of an off-premise sign erected before September 1, 1985, and registered with the commission before December 31, 1985, may renew the registration of the sign for an annual fee of $10.
(b)  The commission by rule may provide for a longer renewal period not to exceed five years.
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 C. Other General Regulations › Section 394.049. Portable Signs

Sec. 394.049.  PORTABLE SIGNS.  A person may not place a portable sign on the property of another person without first obtaining written permission from the owner of the property or the owner's authorized agent.
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 C. Other General Regulations › Section 394.050. Variance

Sec. 394.050.  VARIANCE.  The commission or a person designated by the commission, in an appropriate case and subject to an appropriate condition or safeguard, may make a special exception to this chapter regarding a permit for an off-premise outdoor sign on a rural road.
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. 50, 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 C. Other General Regulations › Section 394.051. Bond for Certain Businesses

Sec. 394.051.  BOND FOR CERTAIN BUSINESSES.  (a)  A person who is engaged primarily in the business of erecting signs that advertise companies located or products sold on the premises on which the signs are erected must file with the commission a surety bond in the amount of $100,000 or more payable to the commission to reimburse the commission for the cost of removing a sign unlawfully erected or maintained by the person.
(b)  The commission may not exempt a person from the requirements of Subsection (a).
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 D. Regulation of Signs in Populous Counties › Section 394.061. Off-Premise Portable Signs

Sec. 394.061.  OFF-PREMISE PORTABLE SIGNS.  (a)  In a county with a population of 3.3 million or more, the commissioners court of the county may:
(1)  prohibit off-premise portable signs in the unincorporated area of the county; or
(2)  regulate the location, height, size, and anchoring of, or any other matter relating to the use of, off-premise portable signs in the unincorporated area.
(b)  A regulation imposed by or adopted under this chapter does not apply to an off-premise portable sign in the unincorporated area of a county with a population of 3.3 million or more.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 129, 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 D. Regulation of Signs in Populous Counties › Section 394.062. Conflict With Other Laws

Sec. 394.062.  CONFLICT WITH OTHER LAWS.  (a)  A county prohibition or regulation adopted under Section 394.061 prevails over a state law or rule if there is a conflict.
(b)  A municipal sign ordinance that has been extended to territory in the municipality's extraterritorial jurisdiction under Section 216.902, Local Government Code, prevails in that territory over a county prohibition or regulation adopted under Section 394.061 if there is a conflict.
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 D. Regulation of Signs in Populous Counties › Section 394.063. On-Premise Signs

Sec. 394.063.  ON-PREMISE SIGNS.  (a)  The commissioners court of a county with a population of more than 3.3 million or of a county that borders a county with that population may regulate, in the unincorporated area of the county, the location, height, size, and anchoring of on-premise signs.
(b)  A county regulation adopted under this section may not permit an on-premise sign to be erected if the sign could not have been erected under a previous municipal regulation that applied to the place where the sign is to be erected.
(c)  A regulation of an on-premise sign imposed by this chapter, adopted by the commission under this chapter, or adopted by a municipality does not apply in the unincorporated area of a county that adopts a regulation of an on-premise sign under this section.
(d)  In lieu of exercising a regulatory power under this section, the commissioners court of the county, by order, may allow the commission to regulate on-premise signs in the unincorporated area of the county in accordance with a municipal or county regulation regarding on-premise signs in the unincorporated area.  On adoption of the order, municipal authority to regulate on-premise signs in the unincorporated area is withdrawn.
(e)  A regulation adopted under this section applies only to an on-premise sign erected on or after August 31, 1987.
(f)  A commissioners court of a county regulating on-premise signs under this section may recover from an applicant for a permit authorized by this section the cost of issuing the permit provided the following are met:
(1)  the auditor for the county shall review the program every two years to ensure that the fees being charged do not exceed the cost of the program;  and
(2)  the county refunds to the permit holders any revenue determined by the auditor to exceed the cost of the program.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 541, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 130, 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 E. Enforcement › Section 394.081. Civil Penalty

Sec. 394.081.  CIVIL PENALTY.  (a)  In lieu of being subject to a criminal penalty, a person who intentionally violates this chapter or a rule adopted by the commission under this chapter may be liable for a civil penalty of not less than $150 or more than $1,000 for each violation, depending on the seriousness of the violation and whether the person has previously violated this chapter.  Each day a violation continues is a separate violation.
(b)  The attorney general or a district or county attorney may sue to collect the civil penalty.
(c)  A civil 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 if collected by a district or county attorney.
(d)  Before a suit may be brought against a property owner for a violation of Section 394.021(c), the attorney general or the district or county attorney for the county in which the violation is alleged to have occurred shall give the person charged with the violation 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 45 days from receipt of the notice to remove the sign and cure the violation to avoid the penalty unless the person was found guilty or liable by a court for violating this chapter within the preceding six months.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 611 (H.B. 412), Sec. 7, 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 E. Enforcement › Section 394.082. Administrative Penalty

Sec. 394.082.  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 394.081.
(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.
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. 51, 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 E. Enforcement › Section 394.083. Revocation of Permit in Addition to Other Penalty

Sec. 394.083.  REVOCATION OF PERMIT IN ADDITION TO OTHER PENALTY.  (a)  A court shall order the revocation of the permit issued under Section 394.022 that a person holds for a location at which a violation under this chapter occurs if it is shown at the trial of the person for the collection of a civil penalty under Section 394.081 or at an appeal of an administrative penalty under Section 394.082 that a judgment for a civil penalty, a judgment for an administrative penalty, or a final order for an administrative penalty that was not timely appealed was previously imposed under this chapter against the person.
(b)  The revocation of a permit under this section is in addition to any other penalty that may be imposed under 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 394 - Regulation of Outdoor Signs on Rural Roads › Subchapter E. Enforcement › Section 394.084. Violations of Regulations or Prohibitions Imposed by Populous Counties on Off-Premise Portable Signs

Sec. 394.084.  VIOLATIONS OF REGULATIONS OR PROHIBITIONS IMPOSED BY POPULOUS COUNTIES ON OFF-PREMISE PORTABLE SIGNS.  (a)  If a county adopts a prohibition or regulation under Section 394.061, the attorney representing the county in district court may seek injunctive relief to prevent the violation or threatened violation of the prohibition or regulation.
(b)  The commissioners court of a county that adopts a prohibition or regulation under Section 394.061 by order may define an offense for the violation of the prohibition or regulation.
(c)  An offense defined by a commissioners court under Subsection (b) 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 394 - Regulation of Outdoor Signs on Rural Roads › Subchapter E. Enforcement › Section 394.085. Violations of Regulations or Prohibitions Imposed by Populous Counties on On-Premise Signs

Sec. 394.085.  VIOLATIONS OF REGULATIONS OR PROHIBITIONS IMPOSED BY POPULOUS COUNTIES ON ON-PREMISE SIGNS.  (a)  If a county adopts a prohibition or regulation under Section 394.063, the attorney representing the county in district court may seek injunctive relief to prevent the violation or threatened violation of the prohibition or regulation.
(b)  A violation of a prohibition or regulation adopted under Section 394.063 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 394 - Regulation of Outdoor Signs on Rural Roads › Subchapter E. Enforcement › Section 394.087. Injunction

Sec. 394.087.  INJUNCTION.  (a)  A sign that is erected in violation of this chapter is a public nuisance.
(b)  On written notice by certified mail from the department or the county, an owner of a sign that is a public nuisance under Subsection (a), or the owner of the property on which the sign is located, shall remove the sign.  If the sign is not removed within 45 days of the date of the notice, the department may direct the attorney general to apply for an injunction to require the removal of the sign or a district or county attorney may apply for an injunction to require the removal of the sign.
(c)  The state or county is entitled to recover from the owner of a sign, or the owner of the property from which a sign is 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.
Added by Acts 2007, 80th Leg., R.S., Ch. 611 (H.B. 412), Sec. 8, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 395 - Outdoor Signs and Motorist Information Panels on Toll Roads in Certain Counties › Subchapter A. Regulation of Outdoor Signs by Toll Road Authority › Section 395.001. Application of Subchapter

Sec. 395.001.  APPLICATION OF SUBCHAPTER.  (a)  This subchapter applies only to:
(1)  the governing body of a toll road authority:
(A)  in which a county with a population of 3.3 million or more is located; or
(B)  that is adjacent to a county with a population of 3.3 million or more and in which a municipality with a population of more than 60,000 is located; and
(2)  an outdoor sign.
(b)  Chapter 393 does not apply to the placement of a sign to which this subchapter applies.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.79, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 395 - Outdoor Signs and Motorist Information Panels on Toll Roads in Certain Counties › Subchapter A. Regulation of Outdoor Signs by Toll Road Authority › Section 395.002. Definitions

Sec. 395.002.  DEFINITIONS.  In this subchapter:
(1)  "Governing body" includes only the governing body of a toll road authority.
(2)  "Sign" means a display, light, device, figure, painting, drawing, message, plaque, poster, or other thing designed 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 395 - Outdoor Signs and Motorist Information Panels on Toll Roads in Certain Counties › Subchapter A. Regulation of Outdoor Signs by Toll Road Authority › Section 395.003. Regulation of Signs

Sec. 395.003.  REGULATION OF SIGNS.  The governing body of a toll road authority may adopt rules to license, regulate, or prohibit the placement of a sign visible from the main-traveled way of a toll road in the authority and erected for the purpose of having the message seen from the main-traveled way if the authority determines the rules are necessary to restore, preserve, or enhance the scenic beauty of the property within view of the road.
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 395 - Outdoor Signs and Motorist Information Panels on Toll Roads in Certain Counties › Subchapter A. Regulation of Outdoor Signs by Toll Road Authority › Section 395.004. Municipal Ordinances

Sec. 395.004.  MUNICIPAL ORDINANCES.  (a)  If the governing body adopts a rule under this subchapter that applies to a sign on property located in the territory of a municipality that has adopted an ordinance regulating the placement of a sign on the property, the rule must be at least as stringent as the ordinance.
(b)  This subchapter does not affect the authority of a municipality to adopt an ordinance regulating the placement of a sign within the view of a toll road located in the territory of the municipality.
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 395 - Outdoor Signs and Motorist Information Panels on Toll Roads in Certain Counties › Subchapter A. Regulation of Outdoor Signs by Toll Road Authority › Section 395.005. Compensation for Signs

Sec. 395.005.  COMPENSATION FOR SIGNS.  (a)  If the governing body requires the removal of a sign:
(1)  the owner of the sign is entitled to compensation for the cash value for the tangible physical property constituting the sign structure;  and
(2)  the owner of the real property on which the sign is located is entitled to compensation for the decrease in the value of the real property.
(b)  Compensation under this section is determined under the standards and procedures applicable to a proceeding under Chapter 21, Property Code.
(c)  The governing body may use only a method or a combination of methods described by this subchapter to pay compensation.
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 395 - Outdoor Signs and Motorist Information Panels on Toll Roads in Certain Counties › Subchapter A. Regulation of Outdoor Signs by Toll Road Authority › Section 395.006. Tax Abatement

Sec. 395.006.  TAX ABATEMENT.  (a)  The governing body, with the approval of the commissioners court and in accordance with Chapter 312, Tax Code, may abate county property taxes owed by the owner of a sign to be removed.
(b)  The governing body may declare an area to be a reinvestment zone for the purpose of abating property taxes under this section if the area encompasses a sign to be removed.
(c)  The governing body may abate taxes on any real or personal property in the county that is owned by the owner of the sign, except residential property.
(d)  The holder of a right of tax abatement may assign the right.  An assignee may use the right of tax abatement on any nonresidential property in the county.
(e)  In a county in which tax abatement is used to pay compensation under this subchapter, the compensation must include reasonable interest.
(f)  A tax abatement period may not exceed five years.
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 395 - Outdoor Signs and Motorist Information Panels on Toll Roads in Certain Counties › Subchapter A. Regulation of Outdoor Signs by Toll Road Authority › Section 395.007. Sign Abatement and Beautification Fund

Sec. 395.007.  SIGN ABATEMENT AND BEAUTIFICATION FUND.  (a)  The governing body may deposit all or part of the county property tax paid on a sign, on the real property on which a sign is located, or on other real or personal property owned by the owner of a sign to the credit of a sign abatement and community beautification fund in the county treasury.
(b)  The governing body may use money in the fund to compensate the owner of a sign required to be removed under 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 395 - Outdoor Signs and Motorist Information Panels on Toll Roads in Certain Counties › Subchapter A. Regulation of Outdoor Signs by Toll Road Authority › Section 395.008. Sign Abatement Revenue Bonds

Sec. 395.008.  SIGN ABATEMENT REVENUE BONDS.  (a)  The governing body may issue sign abatement revenue bonds.
(b)  The governing body may use the proceeds from the bonds only to compensate the owner of a sign required to be removed under 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 395 - Outdoor Signs and Motorist Information Panels on Toll Roads in Certain Counties › Subchapter A. Regulation of Outdoor Signs by Toll Road Authority › Section 395.009. Cash

Sec. 395.009.  CASH.  The governing body may pay compensation in cash.
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 395 - Outdoor Signs and Motorist Information Panels on Toll Roads in Certain Counties › Subchapter A. Regulation of Outdoor Signs by Toll Road Authority › Section 395.010. Penalty

Sec. 395.010.  PENALTY.  (a)  A person commits an offense if the person violates a rule adopted under this subchapter that defines an offense.
(b)  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 395 - Outdoor Signs and Motorist Information Panels on Toll Roads in Certain Counties › Subchapter B. Toll Road Informational Signs › Section 395.051. Application of Subchapter

Sec. 395.051.  APPLICATION OF SUBCHAPTER.  (a)  This subchapter applies only to a county with a population of more than 3.3 million or a county adjacent to a county with a population of more than 3.3 million in which a municipality with a population of more than 60,000 is located.
(b)  Chapter 393 does not apply to the placement of a panel or sign to which this subchapter applies.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 669, Sec. 136, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.80, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 395 - Outdoor Signs and Motorist Information Panels on Toll Roads in Certain Counties › Subchapter B. Toll Road Informational Signs › Section 395.052. Definitions

Sec. 395.052.  DEFINITIONS.  In this subchapter:
(1)  "Business sign" means a sign that contains the brand, trademark, name, or logo of a qualified business.
(2)  "Motorist information panel" means a rectangular panel placed on a highway that contains at least one business sign advertising a business available within a certain distance of that interchange.
(3)  "Qualified business" means a business that meets the requirements of rules adopted by the commissioners court of a county under 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 395 - Outdoor Signs and Motorist Information Panels on Toll Roads in Certain Counties › Subchapter B. Toll Road Informational Signs › Section 395.053. Erection of Motorist Information Panels

Sec. 395.053.  ERECTION OF MOTORIST INFORMATION PANELS.  (a)  Except as provided by Subsection (b), the commissioners court of a county by order may erect and maintain motorist information panels in a right-of-way along a toll road in the county.
(b)  The commissioners court may not erect a motorist information panel in an area that does not have a qualified business.
(c)  The county must erect each panel on and below the exit identification sign preceding the exit direction sign at an interchange.
(d)  The county may erect more than one panel for each interchange.
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 395 - Outdoor Signs and Motorist Information Panels on Toll Roads in Certain Counties › Subchapter B. Toll Road Informational Signs › Section 395.054. Regulation of Business Signs

Sec. 395.054.  REGULATION OF BUSINESS SIGNS.  (a)  The commissioners court may adopt orders for administration of this subchapter.
(b)  The commissioners court by order shall provide for:
(1)  spacing requirements between signs;
(2)  height and face restrictions for the total panel area;  and
(3)  size and face restrictions for each business sign on a motorist information panel.
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 395 - Outdoor Signs and Motorist Information Panels on Toll Roads in Certain Counties › Subchapter B. Toll Road Informational Signs › Section 395.055. Application for Business Sign on Panel

Sec. 395.055.  APPLICATION FOR BUSINESS SIGN ON PANEL.  (a)  The commissioners court by order shall specify:
(1)  the time and manner of applying for a business sign on a motorist information panel;
(2)  the form of and required information for an application;  and
(3)  a reasonable annual fee for each business sign on the panel.
(b)  To advertise on a motorist information panel, a person must apply to the commissioners court.  The person shall comply with each order adopted by the commissioners court regarding business signs.
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 395 - Outdoor Signs and Motorist Information Panels on Toll Roads in Certain Counties › Subchapter B. Toll Road Informational Signs › Section 395.056. Account

Sec. 395.056.  ACCOUNT.  (a)  The commissioners court shall deposit money received under this subchapter to the credit of an account in the county general fund.
(b)  The commissioners court may use money in the account only to erect, maintain, or regulate motorist information panels.
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 395 - Outdoor Signs and Motorist Information Panels on Toll Roads in Certain Counties › Subchapter B. Toll Road Informational Signs › Section 395.057. Regulation by Toll Road Authority

Sec. 395.057.  REGULATION BY TOLL ROAD AUTHORITY.  A toll road authority may not regulate a motorist information panel or business sign erected, maintained, or regulated under 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 395 - Outdoor Signs and Motorist Information Panels on Toll Roads in Certain Counties › Subchapter B. Toll Road Informational Signs › Section 395.058. Conflict With Municipal Ordinance

Sec. 395.058.  CONFLICT WITH MUNICIPAL ORDINANCE.  (a)  This subchapter does not authorize a commissioners court to issue an order or regulation that conflicts with a municipal ordinance pertaining to billboards or outdoor advertising.
(b)  An order or regulation issued under this subchapter that conflicts with a municipal ordinance is void.
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 396 - Automobile Wrecking and Salvage Yards › Subchapter A. General Provisions › Section 396.001. Definitions

Sec. 396.001.  DEFINITIONS.  In this chapter:
(1)  "Automotive wrecking and salvage yard" means an outdoor place where a person stores three or more vehicles for the purpose of dismantling or wrecking the vehicles to remove parts for sale or for use in automotive repair or rebuilding.
(2)  "Junk" means copper, brass, iron, steel, rope, rags, batteries, tires, or other material that has been discarded or sold at a nominal price by a previous owner of the material.  The term does not include a wrecked vehicle.
(3)  "Junkyard" means a place where a business that owns junk, and is operated to store, buy, or sell junk, keeps all or part of the junk outdoors until the business disposes of the junk.
(4)  "Recycling business" means a business primarily engaged in the business of:
(A)  converting metal or other material into raw material products that have:
(i)  prepared grades;  and
(ii)  an existing or potential economic value;
(B)  using raw material products described by Paragraph (A) in the production of new products;  or
(C)  obtaining or storing metal or other material for a purpose described by Paragraph (A) or (B).
(5)  "Wrecked vehicle" means a discarded, junked, damaged, or worn-out automotive vehicle that is not in a condition to be lawfully operated on a public road.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 13 (S.B. 280), Sec. 1, eff. May 3, 2005.
Acts 2007, 80th Leg., R.S., Ch. 707 (H.B. 2163), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 396 - Automobile Wrecking and Salvage Yards › Subchapter A. General Provisions › Section 396.002. Injunction

Sec. 396.002.  INJUNCTION.  (a)  A person is entitled to an injunction to prohibit a violation or threatened violation of this chapter or of a county ordinance adopted under this chapter.
(b)  The venue for the injunction proceeding is in the county in which any part of the junkyard or automotive wrecking and salvage yard is located.
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 396 - Automobile Wrecking and Salvage Yards › Subchapter B. Screening Requirements and Location › Section 396.021. Screening Requirements

Sec. 396.021.  SCREENING REQUIREMENTS.  (a)  This section does not apply to:
(1)  an automotive wrecking and salvage yard as defined by and subject to Chapter 397;
(2)  a junkyard as defined by Section 391.001 and subject to Subchapter E, Chapter 391;
(3)  a recycling business;  or
(4)  a junkyard or an automotive wrecking and salvage yard entirely in a municipality and regulated by the municipality.
(b)  A person who operates a junkyard or an automotive wrecking and salvage yard shall screen the junkyard or automotive wrecking and salvage yard with a solid barrier fence at least eight feet high.  The fence must be painted a natural earth tone color and may not have any sign appear on its surface other than a sign indicating the business name.
(c)  A person who operates a junkyard or an automotive wrecking and salvage yard in a county with a population of 200,000 or less shall screen the junkyard or automotive wrecking and salvage yard to at least six feet in height along the portion of the junkyard or automotive wrecking and salvage yard that faces a public road or residence.  The person may screen the yard by any appropriate means, including:
(1)  a fence;
(2)  natural objects;  or
(3)  plants.
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 396 - Automobile Wrecking and Salvage Yards › Subchapter B. Screening Requirements and Location › Section 396.022. Location of Yard

Sec. 396.022.  LOCATION OF YARD.  (a)  A junkyard or an automotive wrecking and salvage yard may not be located:
(1)  within 50 feet of the right-of-way of a public street or state highway; or
(2)  within 50 feet of the nearest property line of a residence.
(b)  A person may not accumulate or stack materials associated with a junkyard or an automotive wrecking and salvage yard higher than eight feet above ground level.
(c)  This section does not apply to a junkyard or an automotive wrecking and salvage yard used only for farm equipment.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1277 (S.B. 1436), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 396 - Automobile Wrecking and Salvage Yards › Subchapter B. Screening Requirements and Location › Section 396.023. Effect of Local Ordinance

Sec. 396.023.  EFFECT OF LOCAL ORDINANCE.  A person who operates a junkyard or an automotive wrecking and salvage yard, in screening the yard, shall comply, to the extent practicable, with an applicable ordinance adopted by a political subdivision.
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 396 - Automobile Wrecking and Salvage Yards › Subchapter B. Screening Requirements and Location › Section 396.024. Penalty

Sec. 396.024.  PENALTY.  (a)  A person commits an offense if the person knowingly violates Section 396.021 or 396.022.
(b)  An offense under this section is a misdemeanor punishable by a fine of not less than $100 or more than $500.
(c)  Each day a violation continues is a separate offense.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 636, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 396 - Automobile Wrecking and Salvage Yards › Subchapter C. County Regulation of Junkyards or Automotive Wrecking and Salvage Yards › Section 396.041. County License

Sec. 396.041.  COUNTY LICENSE.  (a)  This section does not apply to:
(1)  a recycling business;
(2)  a junkyard or automotive wrecking and salvage yard located entirely in a municipality and subject to regulation by the municipality;  or
(3)  a junkyard or automotive wrecking and salvage yard in operation before June 1, 1987.
(b)  To protect the public health, safety, or welfare, the commissioners court of a county may by ordinance require a junkyard or automotive wrecking and salvage yard to be licensed by the county.
(c)  An ordinance may:
(1)  impose a fee of $25 for the issuance or renewal of a license;
(2)  impose a fee of not more than:
(A)  $150 for the issuance or renewal of a license, if the ordinance is adopted by the commissioners court of a county with a population of 2.1 million or more that contains two or more municipalities, each of which has a population of 350,000 or more; or
(B)  $500 for the issuance or renewal of a license, if the ordinance is adopted by the commissioners court of a county with a population of 3.3 million or more;
(3)  condition the license on the operation of the junkyard or automotive wrecking and salvage yard only at a location approved by the commissioners court or a county employee designated by the commissioners court; or
(4)  establish grounds for suspending or revoking a license if the junkyard or automotive wrecking and salvage yard is not screened.
(d)  The county shall deposit each license fee received to the credit of the county general fund.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 636, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 71 (H.B. 178), Sec. 1, eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 1111 (H.B. 4114), Sec. 1, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 247, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 396 - Automobile Wrecking and Salvage Yards › Subchapter C. County Regulation of Junkyards or Automotive Wrecking and Salvage Yards › Section 396.042. Public Hearing

Sec. 396.042.  PUBLIC HEARING.  (a)  Before adopting an ordinance under Section 396.041, the commissioners court must hold a public hearing.
(b)  Any interested member of the public may appear and testify at the hearing about the subject of the proposed ordinance.
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 396 - Automobile Wrecking and Salvage Yards › Subchapter C. County Regulation of Junkyards or Automotive Wrecking and Salvage Yards › Section 396.043. Notice of Hearing

Sec. 396.043.  NOTICE OF HEARING.  (a)  The commissioners court shall:
(1)  post in a public place in the county courthouse a notice of the time, place, and general subject of the public hearing;  and
(2)  publish the notice in a newspaper of general circulation in the county.
(b)  The notice must be:
(1)  posted for the 10 days preceding the date of the public hearing;  and
(2)  published at least once a week for the three weeks preceding the week the public hearing is held.
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 396 - Automobile Wrecking and Salvage Yards › Subchapter C. County Regulation of Junkyards or Automotive Wrecking and Salvage Yards › Section 396.044. Conflict With Other Law

Sec. 396.044.  CONFLICT WITH OTHER LAW.  If a requirement, standard, or condition established under this subchapter conflicts with another law of this state, a rule adopted under state law, or a municipal ordinance, the stricter of the two provisions prevails.
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 396 - Automobile Wrecking and Salvage Yards › Subchapter C. County Regulation of Junkyards or Automotive Wrecking and Salvage Yards › Section 396.045. Penalty

Sec. 396.045.  PENALTY.  (a)  A person commits an offense if the person violates an ordinance adopted under this subchapter that defines an offense.
(b)  An offense under this section is a misdemeanor punishable by a fine of not less than $100 and not more than $500.
(c)  Each day a violation continues is a separate offense.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 636, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 397 - Automobile Wrecking and Salvage Yards in Certain Counties › Section 397.001. Applicability of Chapter

Sec. 397.001.  APPLICABILITY OF CHAPTER.  This chapter applies only to an automotive wrecking and salvage yard that:
(1)  is in a county with a population of 3.3 million or more;
(2)  is not located within a municipality in that county;  and
(3)  is established on or after September 1, 1983.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 669, Sec. 137, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 397 - Automobile Wrecking and Salvage Yards in Certain Counties › Section 397.002. Definitions

Sec. 397.002.  DEFINITIONS.  In this chapter:
(1)  "Automotive wrecking and salvage yard" means a lot or tract of land on which three or more abandoned, discarded, junked, wrecked, or worn-out automotive vehicles are kept for the purpose of dismantling or wrecking to extract parts, components, and accessories for use in an automotive repair or rebuilding business or for sale.
(2)  "Person" means an individual, corporation, or association.
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 397 - Automobile Wrecking and Salvage Yards in Certain Counties › Section 397.003. Fence Required

Sec. 397.003.  FENCE REQUIRED.  (a)  An automotive wrecking and salvage yard shall be completely surrounded by a fence as provided by Subsection (b).
(b)  A side of the yard that is generally parallel to and within 100 feet of a right-of-way of a public street shall be bounded by a fence at least eight feet in height.  Other sides of the yard shall be bounded by a fence at least six feet in height.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.