Texas Transportation Code Title 6, Chapter 391 - Highway Beautification On Interstate And Primary Systems And Certain Roads

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 391.001 - Definitions
  In this chapter: (1) "Automobile graveyard" means an establishment that is maintained, used, or operated for storing, buying, or selling wrecked, scrapped, ruined, or dismantled...
• Texas Section 391.002 - Purpose
  (a) Subject to the availability of state and federal funds, it is the intent of the legislature to comply with the Highway Beautification Act of...
• Texas Section 391.003 - Violation Of Rule; Offense
  (a) A person commits an offense if the person wilfully violates a rule adopted by the commission under this chapter. (b) An offense under this...
• Texas Section 391.004 - Disposition Of Fees
  Money the commission receives under this chapter shall be deposited to the credit of the state highway fund. The commission shall use money in the...
• Texas Section 391.005 - Exemption
  This chapter does not apply to a sign erected solely for and relating to a public election if the sign: (1) is on private property;...

SUBCHAPTER B REGULATION OF OUTDOOR ADVERTISING GENERALLY

• Texas Section 391.006 - Complaints; Records
  (a) The commission by rule shall establish procedures for accepting and resolving written complaints related to outdoor advertising under this chapter. The rules must include:...
• Texas Section 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...
• Texas Section 391.032 - Regulation Of Outdoor Advertising In Industrial Or Commercial Area
  (a) The commission by rule may regulate the orderly and effective display of outdoor advertising consistent with the customary use of outdoor advertising in this...
• Texas Section 391.033 - Acquisition Of Outdoor Advertising By Commission
  (a) The commission may purchase or acquire by eminent domain outdoor advertising that is lawfully in existence on a highway in the interstate or primary...
• Texas Section 391.034 - Nuisance Outdoor Advertising; Injunction
  (a) Outdoor advertising that is erected or maintained in violation of this chapter: (1) endangers the health, safety, welfare, morals, convenience, and enjoyment of the...
• Texas Section 391.035 - Civil Penalty
  (a) In lieu of being subject to a criminal penalty, a person who intentionally violates this subchapter or Subchapter C may be liable for a...
• Texas Section 391.0355 - 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...
• Texas Section 391.036 - Scope Of Commission Responsibility
  The commission's responsibility for the regulation of outdoor advertising is only on a federal-aid primary highway, interstate highway, state highway, or farm-to-market road. Acts 1995,...

SUBCHAPTER C LICENSE AND PERMIT FOR OUTDOOR ADVERTISING

• Texas Section 391.037 - Outdoor Advertising By Certain County Agricultural Fairs
  Outdoor advertising that is an outdoor sign may include the logo or emblem of an entity if: (1) the sign is erected or maintained by:...
• Texas Section 391.061 - Outdoor Advertising Without License; Offense
  (a) A person commits an offense if the person wilfully erects or maintains outdoor advertising in an area described by Section 391.031(a) without a license...
• Texas Section 391.062 - Issuance And Period Of License
  (a) The commission shall issue a license to a person who: (1) files with the commission a completed application form within the time specified by...
• Texas Section 391.063 - License Fee
  The commission may set the amount of a license fee according to a scale graduated by the number of units of outdoor advertising and the...
• Texas Section 391.064 - Surety Bond
  (a) The surety bond required of an applicant for a license under Section 391.062 must be: (1) in the amount of $2,500 for each county...
• Texas Section 391.065 - Rules; Forms
  (a) The commission may adopt rules to implement Sections 391.036, 391.061(a), 391.062, 391.063, 391.064, and 391.066. (b) For the efficient management and administration of this...
• Texas Section 391.066 - Revocation Or Suspension Of License; Appeal
  (a) The commission may revoke or suspend a license issued under this subchapter or place on probation a license holder whose license is suspended if...
• Texas Section 391.0661 - Applicability Of License
  In addition to authorizing a person to erect or maintain outdoor advertising, a license issued under this chapter authorizes a person to erect or maintain...
• Texas Section 391.067 - Outdoor Advertising Without Permit; Offense
  (a) A person who has a license issued under this subchapter commits an offense if the person wilfully erects or maintains outdoor advertising for which...
• Texas Section 391.068 - Issuance Of Permit
  (a) Except as provided by Subsection (d), the commission shall issue a permit to a person with a license issued under this subchapter: (1) whose...
• Texas Section 391.069 - 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...

SUBCHAPTER D SPECIFIC INFORMATION LOGO SIGNS

• Texas Section 391.070 - Exceptions For Certain Nonprofit Organizations
  (a) The combined license and permit fees under this subchapter may not exceed $10 for outdoor advertising erected and maintained by a nonprofit organization in...
• Texas Section 391.091 - Erection And Maintenance Of Signs
  (a) The department shall contract with an individual, firm, group, or association in this state to erect and maintain specific information logo signs and major...
• Texas Section 391.092 - Regulation Of Signs Generally
  (a) The commission shall: (1) regulate the content, composition, placement, erection, and maintenance of specific information logo signs and supports on an eligible highway right-of-way;...
• Texas Section 391.093 - Eligibility For Display On Sign
  (a) A commercial establishment, to be eligible to have its name displayed on a specific information logo sign, must provide gas, food, lodging, camping, or...
• Texas Section 391.0935 - Major Shopping Area Guide Signs
  (a) Unless the commission determines there is a conflict with federal law, the commission shall establish a program that allows the erection and maintenance of...
• Texas Section 391.094 - Duty Not To Discriminate
  A commercial establishment identified on a specific information logo sign shall conform to all applicable laws concerning the provision of public accommodations without regard to...
• Texas Section 391.095 - Placement Of Signs
  (a) The contractor installing a specific information logo sign shall place the sign so that: (1) the sign is at least 800 feet from the...
• Texas Section 391.096 - Disposition Of Funds
  Funds received under this subchapter shall be deposited to the credit of the state highway fund. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff....
• Texas Section 391.098 - Variances
  (a) The commission shall authorize the director to grant variances, on a case-by-case basis, to the eligibility, location, or placement of specific logo signs and...

SUBCHAPTER E REGULATION OF JUNKYARDS AND AUTOMOBILE GRAVEYARDS

• Texas Section 391.099 - Tourist-oriented Directional Sign Program
  (a) In this section: (1) "Eligible facility" means a winery or a business related to agriculture or tourism, including a farm, ranch, or other tourist...
• Texas Section 391.121 - Prohibited Junkyard; Offense
  (a) A person commits an offense if: (1) the person wilfully establishes, operates, or maintains a junkyard any portion of which is within 1,000 feet...
• Texas Section 391.122 - Authority Of Commission To Screen Junkyard
  (a) The commission may screen with appropriate means, including natural objects, plantings, or fences, a lawfully existing junkyard that is within 1,000 feet of the...
• Texas Section 391.123 - Rules Relating To Screening Of Junkyards
  The commission may adopt rules governing the location, planting, construction, and maintenance of the materials used in screening junkyards. Acts 1995, 74th Leg., ch. 165,...
• Texas Section 391.124 - Compensation To Owner Of Junkyard
  If the commission determines that the screening of a lawfully existing junkyard that is within 1,000 feet of the nearest edge of a right-of-way of...
• Texas Section 391.125 - Injunction To Require Screening
  (a) On written notice by certified mail from the department, an owner of a junkyard that is established, operated, or maintained in violation of this...
• Texas Section 391.126 - Civil Penalty
  (a) In addition to being subject to a criminal penalty or injunctive action, a person who intentionally violates this subchapter is liable to the state...

SUBCHAPTER F ACQUISITION FOR SCENIC ENHANCEMENT OR PUBLIC ACCOMMODATION

• Texas Section 391.127 - Salvage Vehicle Dealer License
  The commission may revoke or suspend a license issued under Chapter 2302, Occupations Code, or place on probation a license holder whose license is suspended,...
• Texas Section 391.151 - Acquisition For Scenic Enhancement
  The commission may acquire, improve, and maintain a strip of real property adjacent to a federal-aid highway in this state if the property is necessary...

SUBCHAPTER G ACQUISITIONS BY COMMISSION

• Texas Section 391.152 - Acquisition For Public Accommodation
  The commission may acquire and provide rest and recreation areas or sanitary and other facilities in or adjacent to a highway right-of-way if the area...
• Texas Section 391.181 - Powers And Methods Of Acquisition
  (a) The commission may acquire by gift, purchase, exchange, or condemnation any right or property interest that it considers necessary or convenient to implement this...
• Texas Section 391.182 - State Vouchers And Warrants
  (a) On delivery to and acceptance by the commission of an instrument conveying to the state an interest described by Section 391.181(a), the commission shall...
• Texas Section 391.183 - Recording Of Instruments
  (a) An instrument conveying an interest in real property to the state in connection with the implementation of this chapter must be recorded in the...

SUBCHAPTER H REGULATION OF OUTDOOR ADVERTISING ON STATE HIGHWAY 288

• Texas Section 391.184 - Disposal Of State Real Property
  An interest in real property acquired to implement this chapter that becomes surplus and is determined by the commission as no longer necessary to the...
• Texas Section 391.211 - Applicability Of Subchapter
  (a) This subchapter applies only to outdoor advertising that is erected on or after September 1, 1993. (b) This subchapter does not limit any authority...
• Texas Section 391.212 - Regulation Of Certain Outdoor Advertising
  The department may license or otherwise regulate the erection of outdoor advertising that is located within 1,000 feet of the center line of that part...

SUBCHAPTER I PROHIBITION OF SIGNS ON CERTAIN HIGHWAYS

• Texas Section 391.213 - Violation Of Rule; Offense
  (a) A person commits an offense if the person violates a rule adopted under this subchapter. (b) An offense under this section is a Class...
• Texas Section 391.251 - Definitions
  In this subchapter: (1) "Off-premise sign" means an outdoor sign displaying advertising that pertains to a business, person, organization, activity, event, place, service, or product...
• Texas Section 391.252 - Off-premise Signs Prohibited
  (a) A person may not erect an off-premise sign that is adjacent to and visible from: (1) U.S. Highway 290 between the western city limits...
• Texas Section 391.253 - Reerection, Reconstruction, Repair, Or Rebuilding Of Off-premise Signs
  (a) An off-premise sign that is adjacent to and visible from a highway listed in Section 391.252 that is blown down, destroyed, taken down, or...
• Texas Section 391.254 - Civil Penalty
  (a) A person who violates Section 391.252 is liable to the state for a civil penalty of not less than $500 or more than $1,000...
• Texas Section 391.255 - Applicability Of Subchapter
  The restrictions imposed by this subchapter are in addition to those imposed by the remainder of this chapter. Added by Acts 2001, 77th Leg., ch....

Last modified: September 28, 2016