Texas Transportation Code Title 6, Chapter 394 - Regulation Of Outdoor Signs On Rural Roads
SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 394.005 - Disposition Of Fees
Money the commission receives under this chapter shall be deposited to the credit of the state highway fund. Acts 1995, 74th Leg., ch. 165, Sec....
SUBCHAPTER B LICENSE AND PERMIT FOR OFF-PREMISE SIGN
- Texas Section 394.006 - Complaints; Records
(a) The commission by rule shall establish procedures for accepting and resolving written complaints related to signs under this chapter. The rules must include: (1)...
- Texas Section 394.0201 - Erecting Off-premise Sign Without License; Offense
(a) A person commits an offense if the person wilfully erects or maintains an off-premise sign on a rural road without a license under this...
- Texas Section 394.0202 - 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 394.0203 - License Fee
The commission may set the amount of a license fee according to a scale graduated by the number of off-premise signs and units of outdoor...
- Texas Section 394.0204 - Surety Bond
(a) The surety bond required of an applicant for a license under Section 394.0202 must be: (1) in the amount of $2,500 for each county...
- Texas Section 394.0205 - Rules; Forms
(a) The commission may adopt rules to implement Sections 394.0201(a), 394.0202, 394.0203, 394.0204, and 394.0206. (b) For the efficient management and administration of this chapter...
- Texas Section 394.0206 - 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 394.0207 - Applicability Of License
In addition to authorizing a person to erect or maintain an off-premise sign, a license issued under this chapter authorizes a person to erect or...
- Texas Section 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...
- Texas Section 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...
- Texas Section 394.023 - Time Of Permit
A permit is valid for one year. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 394.027 - Denial Of Permit; Appeal
The commission may create a process by which an applicant may appeal a denial of a permit under this subchapter. Added by Acts 2011, 82nd...
- Texas Section 394.028 - 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 C OTHER GENERAL REGULATIONS
- Texas Section 394.029 - Exceptions For Certain Nonprofit Organizations
(a) The combined license and permit fees under this subchapter may not exceed $10 for an off-premise sign erected and maintained by a nonprofit organization...
- Texas Section 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...
- Texas Section 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...
- Texas Section 394.043 - Wind Load Pressure Restrictions
(a) An on-premise or off-premise sign must be designed to resist wind loads as follows: Wind load pressureHeight in feetin pounds for eachabove groundsquare foot0-506-302031-502551-9935100-19945200-29950300-39955400-50060501-80070Over...
- Texas Section 394.044 - Replacement Or Repair
(a) A sign or a substantial part of a sign that is blown down, destroyed, taken down, or removed for any purpose other than for...
- Texas Section 394.045 - Space Between Signs
(a) An off-premise sign that has a face area of 301 square feet or more may not be erected within 1,500 feet of another off-premise...
- Texas Section 394.046 - Computing Face Area Of Certain Signs
Each face area of a double-faced, back-to-back, or V-type sign is considered to be a separate sign for the purpose of computing the face area...
- Texas Section 394.047 - Number Of Signs
A business may not maintain more than five on-premise signs for each frontage on a single road at a single business location. Acts 1995, 74th...
- Texas Section 394.048 - Registration Of Certain Off-premise Signs
(a) The owner of an off-premise sign erected before September 1, 1985, and registered with the commission before December 31, 1985, may renew the registration...
- Texas Section 394.049 - Portable Signs
A person may not place a portable sign on the property of another person without first obtaining written permission from the owner of the property...
- Texas Section 394.050 - Variance
The commission or a person designated by the commission, in an appropriate case and subject to an appropriate condition or safeguard, may make a special...
SUBCHAPTER D REGULATION OF SIGNS IN POPULOUS COUNTIES
- Texas Section 394.051 - Bond For Certain Businesses
(a) A person who is engaged primarily in the business of erecting signs that advertise companies located or products sold on the premises on which...
- Texas Section 394.061 - Off-premise Portable Signs
(a) In a county with a population of 3.3 million or more, the commissioners court of the county may: (1) prohibit off-premise portable signs in...
- Texas Section 394.062 - Conflict With Other Laws
(a) A county prohibition or regulation adopted under Section 394.061 prevails over a state law or rule if there is a conflict. (b) A municipal...
SUBCHAPTER E ENFORCEMENT
- Texas Section 394.063 - On-premise Signs
(a) The commissioners court of a county with a population of more than 3.3 million or of a county that borders a county with that...
- Texas Section 394.081 - Civil Penalty
(a) In lieu of being subject to a criminal penalty, a person who intentionally violates this chapter or a rule adopted by the commission under...
- Texas Section 394.082 - 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 394.083 - Revocation Of Permit In Addition To Other Penalty
(a) A court shall order the revocation of the permit issued under Section 394.022 that a person holds for a location at which a violation...
- Texas Section 394.084 - Violations Of Regulations Or Prohibitions Imposed By Populous Counties On Off-premise Portable Signs
(a) If a county adopts a prohibition or regulation under Section 394.061, the attorney representing the county in district court may seek injunctive relief to...
- Texas Section 394.085 - Violations Of Regulations Or Prohibitions Imposed By Populous Counties On On-premise Signs
(a) If a county adopts a prohibition or regulation under Section 394.063, the attorney representing the county in district court may seek injunctive relief to...
- Texas Section 394.086 - Administrative Penalty For Violation Of On-premise Sign Regulations In Populous Counties
(a) The commissioners court of a county with a population of more than 3.3 million or of a county that borders a county with that...
- Texas Section 394.087 - Injunction
(a) A sign that is erected in violation of this chapter is a public nuisance. (b) On written notice by certified mail from the department...
Last modified: September 28, 2016