Sec. 391.031. UNLAWFUL COMMERCIAL SIGNS; OFFENSE. (a) A person commits an offense if the person erects or maintains a commercial sign, or allows a commercial sign to be erected or maintained on property owned by the person:

(1) within 660 feet of the nearest edge of a right-of-way if the sign is visible from the main-traveled way of the interstate or primary system; or

(2) outside an urban area if the sign is located more than 660 feet from the nearest edge of a right-of-way, is visible from the main-traveled way of the interstate or primary system, and is erected for the purpose of having the sign seen from the main-traveled way of the interstate or primary system.

(b) Repealed by Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 33(3), eff. June 15, 2017.

(b-1) A person does not commit an offense under this section if the person:

(1) erects or maintains a commercial sign located within 660 feet of the nearest edge of a right-of-way in an area in which the land use:

(A) is designated industrial or commercial under authority of law; or

(B) is not designated industrial or commercial under authority of law, but the land use is consistent with an area designated industrial or commercial; and

(2) holds a permit issued by the department for the sign.

(c) The determination of whether an area is to be designated industrial or commercial must be made under criteria established by commission rule and according to actual land use.

(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.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 611 (H.B. 412), Sec. 1, eff. September 1, 2007.

Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 6, eff. June 15, 2017.

Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 7, eff. June 15, 2017.

Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 33(3), eff. June 15, 2017.