Texas Transportation Code 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.
Terms Used In Texas Transportation Code 392.0325
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
(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.