Tex. Transportation Code § 394.021
This is the official text of Tex. Transportation Code § 394.021, part of Texas’s Transportation Code — governs vehicles, drivers, and roadways.
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§ 394.021. ERECTING OFF-PREMISE SIGN WITHOUT PERMIT; OFFENSE.
Official statutory text
(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 commission.
(b) Except as otherwise authorized by this chapter, the commission may not issue a permit for an off-premise sign unless the sign is to be located:
(1) within 800 feet of a recognized commercial or industrial business activity or the office of a governmental entity; and
(2) on the same side of the road as the business activity or the office of the governmental entity.
(b-1) If the off-premise sign is located within the jurisdiction of a municipality with a population of more than 1.9 million that is exercising its authority to regulate off-premise signs, the commission may not issue a permit under this section if the municipality has acted to prohibit new off-premise signs within the jurisdiction of the municipality.
(c) A person commits an offense if the person:
(1) allows an off-premise sign to be erected on property owned by the person; and
(2) knows or should have known that the sign was erected in violation of this chapter.
(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.
(e) It is a defense to prosecution for an offense under this chapter that the person removed the unauthorized sign not later than the 45th day after the date the person received a citation for the offense. If the court is satisfied with the evidence produced by the person to establish a defense under this subsection, the court shall dismiss the charge.
(b) Except as otherwise authorized by this chapter, the commission may not issue a permit for an off-premise sign unless the sign is to be located:
(1) within 800 feet of a recognized commercial or industrial business activity or the office of a governmental entity; and
(2) on the same side of the road as the business activity or the office of the governmental entity.
(b-1) If the off-premise sign is located within the jurisdiction of a municipality with a population of more than 1.9 million that is exercising its authority to regulate off-premise signs, the commission may not issue a permit under this section if the municipality has acted to prohibit new off-premise signs within the jurisdiction of the municipality.
(c) A person commits an offense if the person:
(1) allows an off-premise sign to be erected on property owned by the person; and
(2) knows or should have known that the sign was erected in violation of this chapter.
(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.
(e) It is a defense to prosecution for an offense under this chapter that the person removed the unauthorized sign not later than the 45th day after the date the person received a citation for the offense. If the court is satisfied with the evidence produced by the person to establish a defense under this subsection, the court shall dismiss the charge.
Status: in_force · Read it on the official government site
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