Sec. 392.0325. EXCEPTION. (a) A person may submit a request to the department for an exception to this subchapter for a sign that is attached to a building located on property other than a state highway right-of-way and that refers to a commercial activity or business located in the building if the sign:
(1) consists solely of the name of the establishment;
(2) identifies the establishment's principal product or services; or
(3) advertises the sale or lease of the property on which the sign is located.
(b) The department shall approve a request submitted under Subsection (a) if the department:
(1) determines that the sign will not constitute a safety hazard;
(2) determines that the sign will not interfere with the construction, reconstruction, operation, or maintenance of the highway facility; and
(3) obtains the approval of the Federal Highway Administration if approval is required under federal law.
(c) This subchapter 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.
(d) This subchapter does not apply to a sign placed in the right-of-way by a public utility or its contractor for purposes of the utility.
Added by Acts 1999, 76th Leg., ch. 442, Sec. 3, eff. June 18, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 612 (H.B. 413), Sec. 1, eff. September 1, 2007.
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