Sec. 391.031. UNLAWFUL OUTDOOR ADVERTISING; OFFENSE. (a) A person commits an offense if the person erects or maintains outdoor advertising, or allows outdoor advertising to be erected or maintained on property owned by the person:
(1) within 660 feet of the nearest edge of a right-of-way if the advertising is visible from the main-traveled way of the interstate or primary system; or
(2) outside an urban area if the advertising is located more than 660 feet from the nearest edge of a right-of-way, is visible from the main-traveled way of the interstate or primary system, and is erected for the purpose of having its message seen from the main-traveled way of the interstate or primary system.
(b) A person does not commit an offense if the person erects or maintains in an area described by Subsection (a):
(1) directional or other official outdoor advertising authorized by law, including advertising pertaining to a natural wonder or a scenic or historic attraction;
(2) outdoor advertising for the sale or lease of the property on which it is located;
(3) outdoor advertising solely for activities conducted on the property on which it is located;
(4) outdoor advertising located within 660 feet of the nearest edge of a right-of-way in an area in which the land use:
(A) is designated industrial or commercial under authority of law; or
(B) is not designated industrial or commercial under authority of law but the land use is consistent with an area designated industrial or commercial;
(5) outdoor advertising that has as its purpose the protection of life and property; or
(6) outdoor advertising erected on or before October 22, 1965, that the commission, with the approval of the secretary of the United States Department of Transportation, determines to be a landmark of such historic or artistic significance that preservation is consistent with the purposes of this subchapter.
(c) The determination of whether an area is to be designated industrial or commercial must be made under criteria established by commission rule and according to actual land use.
(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.
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. 1, eff. September 1, 2007.
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