Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter K - CONTROL OF SIGNS ALONG RURAL ROADS › Section 21.402 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  Commission--The Texas Transportation Commission.
(2) Department--The Texas Department of
				  Transportation.
(3) Erect--To
				  construct, build, raise, assemble, place, affix, attach, embed, create, paint,
				  draw, or in any way bring into being or establish.
(4) License--An outdoor advertising license
				  issued by the department.
(5)
				  Main-traveled way--The through traffic lanes exclusive of frontage roads,
				  auxiliary lanes, and ramps.
(6)
				  Military service member--A person who is currently serving in the Armed Forces
				  of the United States, in a reserve component of the United States, including
				  the National Guard, or in the state military service of any service.
(7) Military spouse--A person who is married
				  to a military service member who is currently on active duty.
(8) Military veteran--A person who has served
				  in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United
				  States, or in an auxiliary service of one of those branches of the armed
				  forces.
(9) Nonconforming sign--A
				  sign that was lawfully erected but that no longer complies with a law or rule
				  because of changed conditions or because the law or rule was amended after the
				  sign was erected or that fails to comply with a law enacted or rule adopted
				  after the sign was erected.
(10)
				  Nonprofit sign--A sign that is erected and maintained by a nonprofit
				  organization under a permit issued under §
										21.457 of
				  this subchapter (relating to Nonprofit Sign Permit).
(11) Permit--Written authorization granted
				  for the erection of a sign, subject to this subchapter and Transportation Code,
				  Chapter 394.
(12) Person--An
				  individual, association, partnership, limited partnership, trust, corporation,
				  or other legal entity.
(13)
				  Portable sign--A sign designed to be mounted on a trailer, bench, wheeled
				  carrier, or other non-motorized mobile structure or on skids or legs.
(14) Processing area--An area where actions
				  or operations are accomplished that contribute directly to a particular
				  commercial or industrial purpose and are performed during established activity
				  hours.
(15) Public park--A public
				  park, forest, playground, nature preserve, or scenic area designated and
				  maintained by a political subdivision or governmental agency.
(16) Rural road--A road, street, way,
				  highway, thoroughfare, or bridge that is located in an unincorporated area and
				  is not privately owned or controlled, any part of which is open to the public
				  for vehicular traffic, and over which the state or any of its political
				  subdivisions have jurisdiction.
(17) Sign--A thing that is designed,
				  intended, or used to advertise or inform, including a sign, display, light,
				  device, figure, painting, drawing, message, plaque, placard, poster, billboard,
				  logo, or symbol.
(18) Sign
				  face--The part of the sign that contains the advertising or information
				  contents and is distinguished from other parts of the sign and another sign
				  face by borders or decorative trim. The term does not include a lighting
				  fixture, apron, or catwalk unless it displays a part of the advertising or
				  information contents of the sign.
(19) Sign structure--All of the interrelated
				  parts and materials that are used, designed to be used, or intended to be used
				  to support or display advertising or information contents. The term includes at
				  a minimum, beams, poles, braces, apron, frame, catwalk, stringers, and a sign
				  face.
(20) Visible--Capable of
				  being seen whether or not legible or identified without visual aid by a person
				  of normal visual acuity.