CHAPTER 392. HIGHWAY BEAUTIFICATION ON STATE HIGHWAY RIGHT-OF-WAY
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE H. HIGHWAY BEAUTIFICATION
CHAPTER 392. HIGHWAY BEAUTIFICATION ON STATE HIGHWAY RIGHT-OF-WAY
SUBCHAPTER A. LANDSCAPE AND MAINTENANCE
Sec. 392.001. PLANTING TREES ON RIGHTS-OF-WAY. (a) The
department shall plant and care for a substantial number of pecan
trees on United States and state highway rights-of-way throughout
the state.
(b) In an area where the climate is unsuitable for pecan trees
or where pecan trees present a safety hazard, the department
shall plant other indigenous or adaptable trees that do not
present a safety hazard.
(c) The cost of acquiring, planting, and caring for the pecan
trees shall be paid from the state highway fund.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 392.002. XERISCAPE REQUIREMENTS FOR ROADSIDE PARKS. (a)
The department shall use and require the use of xeriscape
practices in:
(1) the construction of roadside parks; and
(2) the maintenance of roadside parks.
(b) In implementing this section, the department shall follow
the guidelines adopted under Section 2166.404, Government Code.
(c) In this section:
(1) "Roadside park" includes a rest area, picnic area, welcome
station, or other facility that is:
(A) provided for the convenience of the traveling public;
(B) within or adjacent to a highway right-of-way; and
(C) under the jurisdiction of the department.
(2) "Xeriscape" has the meaning assigned by Section 2166.404,
Government Code.
(d) Expired.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.19(23), eff.
Sept. 1, 1997.
SUBCHAPTER B. SIGNS ON STATE HIGHWAY RIGHT-OF-WAY
Sec. 392.031. DEFINITIONS. In this subchapter:
(1) "Sign" means an outdoor sign, display, light, device,
figure, painting, drawing, message, plaque, poster, or other
thing designed, intended, or used to advertise or inform.
(2) "State highway right-of-way" means the right-of-way of a
highway designated as part of the state highway system.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 392.032. OFFENSE. (a) A person may not place or maintain
a sign on a state highway right-of-way unless authorized by state
law.
(b) A person commits an offense if the person violates this
section.
(c) An offense under this section is a Class C misdemeanor.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
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, Sec. 1, eff. September 1, 2007.
Sec. 392.033. REMOVAL AND DISPOSAL OF ILLEGAL SIGN. (a) Except
as provided by Section 392.034, the department, without prior
notice to the owner of the sign, may remove a sign that is placed
or maintained in violation of this subchapter.
(b) If the owner's identity and mailing address are displayed on
the sign or are otherwise reasonably ascertainable, the
department shall notify the owner in writing that the sign:
(1) has been removed; and
(2) may be disposed of unless the owner claims the sign on or
before the 10th day after the removal date.
(c) If the owner of the sign does not claim the sign on or
before the 10th day after the removal date, the department may
dispose of the sign.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 392.034. ENCROACHMENT. (a) The department shall give
written notice of encroachment to the owner of a sign that:
(1) is on property other than a state highway right-of-way;
(2) is maintained under a written permit or agreement; and
(3) encroaches on the state highway right-of-way.
(b) If the owner of the sign does not correct the encroachment
before the 31st day after the date of receipt of the notice, the
department may remove the sign under Section 392.033.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 392.035. REMOVAL COSTS. (a) The owner of a sign removed
by the department under Section 392.033 is liable to the
department for removal costs.
(b) Removal costs received by the department under this section
shall be deposited to the credit of the state highway fund.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 392.0355. CIVIL PENALTY. (a) A person who places or
commissions the placement of a sign on a state highway
right-of-way that is not otherwise authorized by law may be
liable for a civil penalty. The attorney general or a district
or county attorney of the county in which the placement of a sign
on a state highway right-of-way is alleged to have occurred may
sue to collect the penalty.
(b) The amount of the civil penalty is not less than $500 or
more than $1,000 for each violation, depending on the seriousness
of the violation and whether the person has previously violated
this chapter. A separate penalty may be collected for each day a
continuing violation occurs.
(c) A penalty collected under this section shall be deposited to
the credit of the state highway fund if collected by the attorney
general and to the credit of the county road and bridge fund of
the county in which the violation occurred if collected by a
district or county attorney.
Added by Acts 2007, 80th Leg., R.S., Ch.
612, Sec. 2, eff. September 1, 2007.
Sec. 392.036. DEFENSE. It is a defense to prosecution or suit
for a violation under this chapter if at the time of the alleged
violation the defendant is a candidate for elective public office
and the sign is placed:
(1) by a person other than the defendant; and
(2) in connection with a campaign for an elective public office
by the defendant.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
612, Sec. 3, eff. September 1, 2007.
Sec. 392.037. RULES. The commission may adopt rules to enforce
this subchapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 392.038. EFFECT OF OTHER LAW OR ORDINANCE. If this
subchapter conflicts with another law or a local ordinance, the
more restrictive provision applies.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.