Sec. 391.098. VARIANCES. (a) The commission shall authorize the director to grant variances, on a case-by-case basis, to the eligibility, location, or placement of specific logo signs and major shopping area guide signs, including the highways along which a sign may be located. The commission may adopt rules prescribing conditions or guidelines the director should or must consider when determining whether to grant a variance.
(b) The director may grant a variance if the director determines that:
(1) the variance would promote traffic safety;
(2) the variance would improve traffic flow;
(3) an overpass, highway sign, or other highway structure unduly obstructs the visibility of an existing commercial sign; or
(4) the variance would satisfy other conditions or guidelines prescribed by commission rules authorizing the granting of variances.
(c) The director may not grant a variance to the requirements of this subchapter regarding supports, content, or composition of signs.
(d) In this section, "director" means the director or the director's designee.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 2.04, eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 713, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 878 (S.B. 1137), Sec. 8, eff. June 17, 2005.
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