CHAPTER 393. OUTDOOR SIGNS ON PUBLIC RIGHTS-OF-WAY
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE H. HIGHWAY BEAUTIFICATION
CHAPTER 393. OUTDOOR SIGNS ON PUBLIC RIGHTS-OF-WAY
Sec. 393.001. DEFINITION. In this chapter, "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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 393.002. SIGN PLACEMENT PROHIBITED. Except as provided by
Sections 393.0025 and 393.0026, a person may not place a sign on
the right-of-way of a public road unless the placement of the
sign is authorized by state law.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1393, Sec. 1, eff. Sept. 1,
1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
612, Sec. 4, eff. September 1, 2007.
Sec. 393.0025. MUNICIPAL AUTHORITY TO REGULATE SIGN PLACEMENT.
(a) A person may not place a sign on the right-of-way of a road
or highway maintained by a municipality unless the placement is
authorized by the municipality.
(b) This section does not apply to the right-of-way of a road or
highway in the state highway system.
Added by Acts 1997, 75th Leg., ch. 1393, Sec. 2, eff. Sept. 1,
1997.
Sec. 393.0026. EXCEPTION. (a) This chapter 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.
(b) This chapter 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 2007, 80th Leg., R.S., Ch.
612, Sec. 5, eff. September 1, 2007.
Sec. 393.003. CONFISCATION, NOTICE, AND PUBLIC AUCTION. (a) A
sheriff, constable, or other trained volunteer authorized by the
commissioners court of a county may confiscate a sign placed in
violation of Section 393.002.
(b) If the owner of a confiscated sign is known, the sheriff or
constable shall notify the owner of the confiscation by certified
mail, return receipt requested, not later than the 10th day after
the date of the confiscation. If the owner of the sign is not
known, the sheriff or constable shall publish notice of the
confiscation in a newspaper of general circulation in the county
not later than the 10th day after the date of the confiscation.
(c) A notice under Subsection (b) must:
(1) include a description of the sign and the location from
which the sign was confiscated;
(2) include a statement that the owner may reclaim the sign
before the 21st day after the date the notice was mailed or
published if all fines that are imposed under this chapter are
paid; and
(3) state the date, time, and location of the public auction
where the sign will be sold if the sign is not reclaimed.
(d) A notice by publication under Subsection (b) may contain
multiple listings of confiscated signs.
(e) The sheriff or constable may sell a sign at public auction
if, before the 21st day after the date notice under Subsection
(b) was mailed or published, the sign has not been reclaimed. The
sheriff or constable shall sell the sign to the highest bidder at
the auction.
(f) The sheriff or constable shall remit the proceeds of an
auction under Subsection (e) to the county treasurer for deposit
to the credit of a fund in the county treasury designated by the
commissioners court.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
612, Sec. 6, eff. September 1, 2007.
Sec. 393.004. EXEMPTION FROM NOTICE REQUIREMENTS. (a) The
commissioners court of a county by order may:
(1) determine types of signs that are unlikely to be reclaimed
if confiscated; and
(2) exempt those types of signs from the notice requirements of
Section 393.003.
(b) In determining the types of signs that are unlikely to be
reclaimed, the commissioners court may consider:
(1) the value of the materials in the signs; and
(2) the nature of the things advertised by the signs.
(c) If the commissioners court exempts certain types of signs
under this section, the sheriff or constable shall store a
confiscated sign that is exempted for 21 days after the date the
sign is confiscated and shall make the sign available for
reclamation by the owner. After that period, the sheriff or
constable may discard the sign.
(d) The sheriff, constable, or other trained volunteer
authorized by the commissioners court may discard a sign of less
than $25 in value without giving the notice required by Section
393.003.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
612, Sec. 7, eff. September 1, 2007.
Sec. 393.005. PLACEMENT OF UNAUTHORIZED SIGN; PENALTY. (a) A
person commits an offense if the person places a sign in
violation of this chapter.
(b) An offense under this section is a Class C misdemeanor.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
612, Sec. 8, eff. September 1, 2007.
Sec. 393.006. DEFENSE. It is a defense to prosecution or suit
under this chapter that the defendant was a candidate for an
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. 9, eff. September 1, 2007.
Sec. 393.007. CIVIL PENALTY. (a) A person who places or
commissions the placement of a sign on the right-of-way of a
public road that is not otherwise authorized by law may be liable
for a civil penalty. A district or county attorney or a
municipal attorney in the jurisdiction in which the placement of
a sign on the right-of-way of a public road 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 general fund of the municipality in which the
violation occurred if collected by a municipal attorney, or 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.
(d) A district or county attorney or a municipal attorney may
recover reasonable attorney's fees incurred in an action brought
under Subsection (a).
Added by Acts 2007, 80th Leg., R.S., Ch.
612, Sec. 10, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
68, Sec. 2, eff. May 20, 2009.