TRANSPORTATION CODETITLE 6. ROADWAYSSUBTITLE H. HIGHWAY BEAUTIFICATIONCHAPTER 394. REGULATION OF OUTDOOR SIGNS ON RURAL ROADSSUBCHAPTER A. GENERAL PROVISIONSSec. 394.001. DEFINITIONS. In this chapter:(1) "On-premise sign" means a freestanding sign identifying or advertising a business, person, or activity, and installed and maintained on the same premises as the business, person, or activity.(2) "Off-premise sign" means a sign displaying advertising that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located.(3) "Person" means an individual, association, or corporation.(4) "Portable sign" means a sign designed to be mounted on a trailer, bench, wheeled carrier, or other nonmotorized mobile structure.(5) "Sign" means a structure, display, light device, figure, painting, drawing, message, plaque, poster, billboard, or other thing that is designed, intended, or used to advertise or inform.
Sec. 394.002. APPLICATION OF CHAPTER. (a) This chapter applies only to a sign that is:(1) outdoors; and(2) visible from the main-traveled way of a rural road.(b) In this section, "rural road" means a road, street, way, or bridge:(1) that is located in an unincorporated area;(2) that is not privately owned or controlled;(3) any part of which is open to the public for vehicular traffic; and(4) that is under the jurisdiction of this state or a political subdivision of this state.
Sec. 394.003. EXEMPTIONS. (a) This chapter does not apply to:(1) a sign that is allowed to be erected and maintained under the highway beautification provisions contained in Chapter 391;(2) a sign in existence before September 1, 1985;(3) a sign that has as its purpose the protection of life or property;(4) a directional or other official sign authorized by law, including a sign that pertains to a natural wonder or a scenic or historic attraction;(5) a sign that gives information about the location of an underground electric transmission line or a telegraph or telephone property or facility, a pipeline, a public sewer, or a waterline;(6) a sign erected by an agency or political subdivision of the state; or(7) a sign erected solely for and relating to a public election if the sign:(A) is on private property;(B) is erected not earlier than the 90th day before the date of the election and is removed not later than the 10th day after the election date;(C) is constructed of lightweight material; and(D) has a surface area not larger than 50 square feet.(b) Subsection (a)(2) does not exempt a sign from Section 394.048 to the extent that section applies. Text of subsec. (c) as added by Acts 1997, 75th Leg., ch. 718, Sec. 1 (c) This chapter does not apply to a directional sign for a small business, as defined by Section 2006.011, Government Code, if the sign:(1) is on private property; and(2) has a surface area not larger than 50 square feet. Text of subsec. (c) as added by Acts 1997, 75th Leg., ch. 1171, Sec. 2.05 (c) This chapter does not apply to a directional sign for a small business, as defined by Section 2006.001, Government Code, if the sign:(1) is on private property; and(2) has a surface area not larger than 50 square feet.(d) This chapter does not apply to a temporary directional sign or kiosk erected by a political subdivision as part of a program approved by the department and administered by the political subdivision on a highway within the boundaries of the political subdivision.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.23(a), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 718, Sec. 1, eff. June 17, 1997; Acts 1997, 75th Leg., ch. 1171, Sec. 2.05, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 611, Sec. 4, eff. September 1, 2007.
Sec. 394.004. DUTIES OF COMMISSION. The commission shall:(1) administer and enforce this chapter;(2) adopt rules to regulate the erection or maintenance of a sign to which this chapter applies; and(3) adopt rules under this chapter that specify the:(A) time for and manner of applying for a permit; and(B) form of and information that must be included in a permit application.
Sec. 394.005. DISPOSITION OF FEES. A registration fee collected under Section 394.048 by the commission shall be deposited to the credit of the state highway fund.
SUBCHAPTER B. PERMIT FOR OFF-PREMISE SIGNSec. 394.021. ERECTING OFF-PREMISE SIGN WITHOUT PERMIT; OFFENSE. (a) A person commits an offense if the person erects an off-premise sign unless the person first obtains a permit under this subchapter from the commission.(b) Except as otherwise authorized by this chapter, the commission may not issue a permit for an off-premise sign unless the sign is to be located:(1) within 800 feet of a recognized commercial or industrial business activity or the office of a governmental entity; and(2) on the same side of the road as the business activity or the office of the governmental entity.(b-1) If the off-premise sign is located within the jurisdiction of a municipality with a population of more than 1.9 million that is exercising its authority to regulate off-premise signs, the commission may not issue a permit under this section if the municipality has acted to prohibit new off-premise signs within the jurisdiction of the municipality.(c) A person commits an offense if the person:(1) allows an off-premise sign to be erected on property owned by the person; and(2) knows or should have known that the sign was erected in violation of this chapter.(d) An offense under this section is a misdemeanor punishable by a fine of not less than $500 or more than $1,000. Each day of the proscribed conduct is a separate offense.(e) It is a defense to prosecution for an offense under this chapter that the person removed the unauthorized sign not later than the 45th day after the date the person received a citation for the offense. If the court is satisfied with the evidence produced by the person to establish a defense under this subsection, the court shall dismiss the charge.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 2.06, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 611, Sec. 5, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 611, Sec. 6, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1083, Sec. 2, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 27.001(101), eff. September 1, 2009.
Sec. 394.022. ISSUANCE OF PERMIT. (a) The commission shall issue a permit to a person:(1) whose application complies with commission rule;(2) whose sign, if erected, would comply with the requirements of this chapter; and(3) who, if the off-premise sign is located within the jurisdiction of a municipality with a population of more than 1.9 million that is exercising its authority to regulate off-premise signs, has obtained a permit for the off-premise sign.(b) Subsection (a)(3) does not apply to the relocation of an off-premise sign to another location if the construction, reconstruction, or expansion of a highway requires the removal of the off-premise sign.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1083, Sec. 3, eff. September 1, 2007.
Sec. 394.023. TIME OF PERMIT. A permit is valid for one year.
Sec. 394.024. BOND. (a) The commission by rule may require an applicant for a permit to file with the commission a surety bond or other security in a reasonable amount.(b) The bond or other security must be payable to the commission to reimburse the commission for the cost of removing a sign unlawfully erected or maintained by a permit holder.(c) A rule adopted under Subsection (a) must exempt an applicant from filing a bond or other security if the applicant has:(1) held at least five permits under this chapter for at least one year; and(2) not violated this chapter or a rule adopted under this chapter during the preceding 12 months.
Sec. 394.025. FEE. (a) The commission by rule shall prescribe a fee to issue a permit in an amount the commission determines is sufficient to enable the commission to recover the costs of enforcing this chapter.(b) A political subdivision of this state or its designated agent is exempt from a fee required under this section for a sign containing a noncommercial message or advertisement.
Sec. 394.026. REVOCATION OF PERMIT; APPEAL. (a) The commission may revoke a permit if the permit holder violates this chapter or a rule adopted under this chapter.(b) A person whose permit is revoked may appeal the revocation not later than the 15th day after the date of the revocation.
SUBCHAPTER C. OTHER GENERAL REGULATIONSSec. 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.
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.
TRANSPORTATION CODETITLE 6. ROADWAYSSUBTITLE H. HIGHWAY BEAUTIFICATIONCHAPTER 394. REGULATION OF OUTDOOR SIGNS ON RURAL ROADSSUBCHAPTER A. GENERAL PROVISIONSSec. 394.001. DEFINITIONS. In this chapter:(1) "On-premise sign" means a freestanding sign identifying or advertising a business, person, or activity, and installed and maintained on the same premises as the business, person, or activity.(2) "Off-premise sign" means a sign displaying advertising that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located.(3) "Person" means an individual, association, or corporation.(4) "Portable sign" means a sign designed to be mounted on a trailer, bench, wheeled carrier, or other nonmotorized mobile structure.(5) "Sign" means a structure, display, light device, figure, painting, drawing, message, plaque, poster, billboard, or other thing that is designed, intended, or used to advertise or inform.
Sec. 394.002. APPLICATION OF CHAPTER. (a) This chapter applies only to a sign that is:(1) outdoors; and(2) visible from the main-traveled way of a rural road.(b) In this section, "rural road" means a road, street, way, or bridge:(1) that is located in an unincorporated area;(2) that is not privately owned or controlled;(3) any part of which is open to the public for vehicular traffic; and(4) that is under the jurisdiction of this state or a political subdivision of this state.
Sec. 394.003. EXEMPTIONS. (a) This chapter does not apply to:(1) a sign that is allowed to be erected and maintained under the highway beautification provisions contained in Chapter 391;(2) a sign in existence before September 1, 1985;(3) a sign that has as its purpose the protection of life or property;(4) a directional or other official sign authorized by law, including a sign that pertains to a natural wonder or a scenic or historic attraction;(5) a sign that gives information about the location of an underground electric transmission line or a telegraph or telephone property or facility, a pipeline, a public sewer, or a waterline;(6) a sign erected by an agency or political subdivision of the state; or(7) a sign erected solely for and relating to a public election if the sign:(A) is on private property;(B) is erected not earlier than the 90th day before the date of the election and is removed not later than the 10th day after the election date;(C) is constructed of lightweight material; and(D) has a surface area not larger than 50 square feet.(b) Subsection (a)(2) does not exempt a sign from Section 394.048 to the extent that section applies. Text of subsec. (c) as added by Acts 1997, 75th Leg., ch. 718, Sec. 1 (c) This chapter does not apply to a directional sign for a small business, as defined by Section 2006.011, Government Code, if the sign:(1) is on private property; and(2) has a surface area not larger than 50 square feet. Text of subsec. (c) as added by Acts 1997, 75th Leg., ch. 1171, Sec. 2.05 (c) This chapter does not apply to a directional sign for a small business, as defined by Section 2006.001, Government Code, if the sign:(1) is on private property; and(2) has a surface area not larger than 50 square feet.(d) This chapter does not apply to a temporary directional sign or kiosk erected by a political subdivision as part of a program approved by the department and administered by the political subdivision on a highway within the boundaries of the political subdivision.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.23(a), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 718, Sec. 1, eff. June 17, 1997; Acts 1997, 75th Leg., ch. 1171, Sec. 2.05, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 611, Sec. 4, eff. September 1, 2007.
Sec. 394.004. DUTIES OF COMMISSION. The commission shall:(1) administer and enforce this chapter;(2) adopt rules to regulate the erection or maintenance of a sign to which this chapter applies; and(3) adopt rules under this chapter that specify the:(A) time for and manner of applying for a permit; and(B) form of and information that must be included in a permit application.
Sec. 394.005. DISPOSITION OF FEES. A registration fee collected under Section 394.048 by the commission shall be deposited to the credit of the state highway fund.
SUBCHAPTER B. PERMIT FOR OFF-PREMISE SIGNSec. 394.021. ERECTING OFF-PREMISE SIGN WITHOUT PERMIT; OFFENSE. (a) A person commits an offense if the person erects an off-premise sign unless the person first obtains a permit under this subchapter from the commission.(b) Except as otherwise authorized by this chapter, the commission may not issue a permit for an off-premise sign unless the sign is to be located:(1) within 800 feet of a recognized commercial or industrial business activity or the office of a governmental entity; and(2) on the same side of the road as the business activity or the office of the governmental entity.(b-1) If the off-premise sign is located within the jurisdiction of a municipality with a population of more than 1.9 million that is exercising its authority to regulate off-premise signs, the commission may not issue a permit under this section if the municipality has acted to prohibit new off-premise signs within the jurisdiction of the municipality.(c) A person commits an offense if the person:(1) allows an off-premise sign to be erected on property owned by the person; and(2) knows or should have known that the sign was erected in violation of this chapter.(d) An offense under this section is a misdemeanor punishable by a fine of not less than $500 or more than $1,000. Each day of the proscribed conduct is a separate offense.(e) It is a defense to prosecution for an offense under this chapter that the person removed the unauthorized sign not later than the 45th day after the date the person received a citation for the offense. If the court is satisfied with the evidence produced by the person to establish a defense under this subsection, the court shall dismiss the charge.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 2.06, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 611, Sec. 5, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 611, Sec. 6, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1083, Sec. 2, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 27.001(101), eff. September 1, 2009.
Sec. 394.022. ISSUANCE OF PERMIT. (a) The commission shall issue a permit to a person:(1) whose application complies with commission rule;(2) whose sign, if erected, would comply with the requirements of this chapter; and(3) who, if the off-premise sign is located within the jurisdiction of a municipality with a population of more than 1.9 million that is exercising its authority to regulate off-premise signs, has obtained a permit for the off-premise sign.(b) Subsection (a)(3) does not apply to the relocation of an off-premise sign to another location if the construction, reconstruction, or expansion of a highway requires the removal of the off-premise sign.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1083, Sec. 3, eff. September 1, 2007.
Sec. 394.023. TIME OF PERMIT. A permit is valid for one year.
Sec. 394.024. BOND. (a) The commission by rule may require an applicant for a permit to file with the commission a surety bond or other security in a reasonable amount.(b) The bond or other security must be payable to the commission to reimburse the commission for the cost of removing a sign unlawfully erected or maintained by a permit holder.(c) A rule adopted under Subsection (a) must exempt an applicant from filing a bond or other security if the applicant has:(1) held at least five permits under this chapter for at least one year; and(2) not violated this chapter or a rule adopted under this chapter during the preceding 12 months.
Sec. 394.025. FEE. (a) The commission by rule shall prescribe a fee to issue a permit in an amount the commission determines is sufficient to enable the commission to recover the costs of enforcing this chapter.(b) A political subdivision of this state or its designated agent is exempt from a fee required under this section for a sign containing a noncommercial message or advertisement.
Sec. 394.026. REVOCATION OF PERMIT; APPEAL. (a) The commission may revoke a permit if the permit holder violates this chapter or a rule adopted under this chapter.(b) A person whose permit is revoked may appeal the revocation not later than the 15th day after the date of the revocation.
SUBCHAPTER C. OTHER GENERAL REGULATIONSSec. 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.
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.
TRANSPORTATION CODETITLE 6. ROADWAYSSUBTITLE H. HIGHWAY BEAUTIFICATIONCHAPTER 394. REGULATION OF OUTDOOR SIGNS ON RURAL ROADSSUBCHAPTER A. GENERAL PROVISIONSSec. 394.001. DEFINITIONS. In this chapter:(1) "On-premise sign" means a freestanding sign identifying or advertising a business, person, or activity, and installed and maintained on the same premises as the business, person, or activity.(2) "Off-premise sign" means a sign displaying advertising that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located.(3) "Person" means an individual, association, or corporation.(4) "Portable sign" means a sign designed to be mounted on a trailer, bench, wheeled carrier, or other nonmotorized mobile structure.(5) "Sign" means a structure, display, light device, figure, painting, drawing, message, plaque, poster, billboard, or other thing that is designed, intended, or used to advertise or inform.
Sec. 394.002. APPLICATION OF CHAPTER. (a) This chapter applies only to a sign that is:(1) outdoors; and(2) visible from the main-traveled way of a rural road.(b) In this section, "rural road" means a road, street, way, or bridge:(1) that is located in an unincorporated area;(2) that is not privately owned or controlled;(3) any part of which is open to the public for vehicular traffic; and(4) that is under the jurisdiction of this state or a political subdivision of this state.
Sec. 394.003. EXEMPTIONS. (a) This chapter does not apply to:(1) a sign that is allowed to be erected and maintained under the highway beautification provisions contained in Chapter 391;(2) a sign in existence before September 1, 1985;(3) a sign that has as its purpose the protection of life or property;(4) a directional or other official sign authorized by law, including a sign that pertains to a natural wonder or a scenic or historic attraction;(5) a sign that gives information about the location of an underground electric transmission line or a telegraph or telephone property or facility, a pipeline, a public sewer, or a waterline;(6) a sign erected by an agency or political subdivision of the state; or(7) a sign erected solely for and relating to a public election if the sign:(A) is on private property;(B) is erected not earlier than the 90th day before the date of the election and is removed not later than the 10th day after the election date;(C) is constructed of lightweight material; and(D) has a surface area not larger than 50 square feet.(b) Subsection (a)(2) does not exempt a sign from Section 394.048 to the extent that section applies. Text of subsec. (c) as added by Acts 1997, 75th Leg., ch. 718, Sec. 1 (c) This chapter does not apply to a directional sign for a small business, as defined by Section 2006.011, Government Code, if the sign:(1) is on private property; and(2) has a surface area not larger than 50 square feet. Text of subsec. (c) as added by Acts 1997, 75th Leg., ch. 1171, Sec. 2.05 (c) This chapter does not apply to a directional sign for a small business, as defined by Section 2006.001, Government Code, if the sign:(1) is on private property; and(2) has a surface area not larger than 50 square feet.(d) This chapter does not apply to a temporary directional sign or kiosk erected by a political subdivision as part of a program approved by the department and administered by the political subdivision on a highway within the boundaries of the political subdivision.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.23(a), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 718, Sec. 1, eff. June 17, 1997; Acts 1997, 75th Leg., ch. 1171, Sec. 2.05, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 611, Sec. 4, eff. September 1, 2007.
Sec. 394.004. DUTIES OF COMMISSION. The commission shall:(1) administer and enforce this chapter;(2) adopt rules to regulate the erection or maintenance of a sign to which this chapter applies; and(3) adopt rules under this chapter that specify the:(A) time for and manner of applying for a permit; and(B) form of and information that must be included in a permit application.
Sec. 394.005. DISPOSITION OF FEES. A registration fee collected under Section 394.048 by the commission shall be deposited to the credit of the state highway fund.
SUBCHAPTER B. PERMIT FOR OFF-PREMISE SIGNSec. 394.021. ERECTING OFF-PREMISE SIGN WITHOUT PERMIT; OFFENSE. (a) A person commits an offense if the person erects an off-premise sign unless the person first obtains a permit under this subchapter from the commission.(b) Except as otherwise authorized by this chapter, the commission may not issue a permit for an off-premise sign unless the sign is to be located:(1) within 800 feet of a recognized commercial or industrial business activity or the office of a governmental entity; and(2) on the same side of the road as the business activity or the office of the governmental entity.(b-1) If the off-premise sign is located within the jurisdiction of a municipality with a population of more than 1.9 million that is exercising its authority to regulate off-premise signs, the commission may not issue a permit under this section if the municipality has acted to prohibit new off-premise signs within the jurisdiction of the municipality.(c) A person commits an offense if the person:(1) allows an off-premise sign to be erected on property owned by the person; and(2) knows or should have known that the sign was erected in violation of this chapter.(d) An offense under this section is a misdemeanor punishable by a fine of not less than $500 or more than $1,000. Each day of the proscribed conduct is a separate offense.(e) It is a defense to prosecution for an offense under this chapter that the person removed the unauthorized sign not later than the 45th day after the date the person received a citation for the offense. If the court is satisfied with the evidence produced by the person to establish a defense under this subsection, the court shall dismiss the charge.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 2.06, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 611, Sec. 5, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 611, Sec. 6, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1083, Sec. 2, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 27.001(101), eff. September 1, 2009.
Sec. 394.022. ISSUANCE OF PERMIT. (a) The commission shall issue a permit to a person:(1) whose application complies with commission rule;(2) whose sign, if erected, would comply with the requirements of this chapter; and(3) who, if the off-premise sign is located within the jurisdiction of a municipality with a population of more than 1.9 million that is exercising its authority to regulate off-premise signs, has obtained a permit for the off-premise sign.(b) Subsection (a)(3) does not apply to the relocation of an off-premise sign to another location if the construction, reconstruction, or expansion of a highway requires the removal of the off-premise sign.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1083, Sec. 3, eff. September 1, 2007.
Sec. 394.023. TIME OF PERMIT. A permit is valid for one year.
Sec. 394.024. BOND. (a) The commission by rule may require an applicant for a permit to file with the commission a surety bond or other security in a reasonable amount.(b) The bond or other security must be payable to the commission to reimburse the commission for the cost of removing a sign unlawfully erected or maintained by a permit holder.(c) A rule adopted under Subsection (a) must exempt an applicant from filing a bond or other security if the applicant has:(1) held at least five permits under this chapter for at least one year; and(2) not violated this chapter or a rule adopted under this chapter during the preceding 12 months.
Sec. 394.025. FEE. (a) The commission by rule shall prescribe a fee to issue a permit in an amount the commission determines is sufficient to enable the commission to recover the costs of enforcing this chapter.(b) A political subdivision of this state or its designated agent is exempt from a fee required under this section for a sign containing a noncommercial message or advertisement.
Sec. 394.026. REVOCATION OF PERMIT; APPEAL. (a) The commission may revoke a permit if the permit holder violates this chapter or a rule adopted under this chapter.(b) A person whose permit is revoked may appeal the revocation not later than the 15th day after the date of the revocation.
SUBCHAPTER C. OTHER GENERAL REGULATIONSSec. 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.
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.
