Title TN, Transportation Code

Sec. 373.059. PROJECT LOCATED IN TERRITORY OF MORE THAN ONE LOCAL TOLL PROJECT ENTITY. If a toll project is in the territory of more than one local toll project entity, only the local toll project entity that first constructed toll projects may exercise the options and other righ…

Sec. 373.101. USE OF STATE HIGHWAY RIGHT-OF-WAY. (a) Consistent with federal law, the commission and the department shall assist a local toll project entity in the development, financing, construction, and operation of a toll project for which the local toll project entity has ex…

Sec. 373.102. REIMBURSEMENT FOR USE OF RIGHT-OF-WAY. (a) The commission or the department may not require a local toll project entity to pay for the use of state highway right-of-way or access, except: (1) to reimburse the department for actual costs incurred by the department th…

Sec. 373.103. AGREEMENT FOR USE OF RIGHT-OF-WAY. A local toll project entity and the department shall enter into an agreement for any toll project for which the entity has exercised its option to develop, finance, construct, and operate the project under Subchapter B and for whic…

Sec. 373.104. LIABILITY FOR DAMAGES. (a) Notwithstanding any other law, the commission and the department are not liable for any damages that result from a local toll project entity's use of state highway right-of-way or access to the state highway system under this subchapter, r…

Sec. 373.105. COMPLIANCE WITH FEDERAL LAW. Notwithstanding an action taken by a local toll project entity under this subchapter, the commission or department may take any action that in its reasonable judgment is necessary to comply with any federal requirement to enable this sta…

Sec. 391.001. DEFINITIONS. In this chapter: (1) "Automobile graveyard" means an establishment that is maintained, used, or operated for storing, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. (1-a) "Commercial sign" means a sign…

Sec. 391.002. PURPOSE. (a) Subject to the availability of state and federal funds, it is the intent of the legislature to comply with the Highway Beautification Act of 1965 (23 U.S.C. Sections 131, 136, 319) to the extent that it is implemented by the United States Congress. This…

Sec. 391.003. VIOLATION OF RULE; OFFENSE. (a) A person commits an offense if the person wilfully violates a rule adopted by the commission under this chapter. (b) An offense under this section is a misdemeanor punishable by a fine of not less than $500 or more than $1,000. (c) Ea…

Sec. 391.004. DISPOSITION OF FEES. Money the commission receives under this chapter shall be deposited to the credit of the state highway fund. The commission shall use money in the state highway fund to administer this chapter and Chapter 394. Added by Acts 1997, 75th Leg., ch. …

Sec. 391.006. COMPLAINTS; RECORDS. (a) The commission by rule shall establish procedures for accepting and resolving written complaints related to signs that are subject to this chapter. The rules must include: (1) a process to make information available describing the department…

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-wa…

Sec. 391.032. REGULATION OF COMMERCIAL SIGNS IN INDUSTRIAL OR COMMERCIAL AREA. (a) The commission by rule may regulate the orderly and effective display of commercial signs consistent with the customary use of commercial signs in this state in an area in which the land use: (1) i…

Sec. 391.033. ACQUISITION OF COMMERCIAL SIGNS BY COMMISSION. (a) The commission may purchase or acquire by eminent domain a commercial sign that is lawfully in existence on a highway in the interstate or primary system. (b) If an acquisition is by eminent domain, the commission s…

Sec. 391.034. NUISANCE; INJUNCTION. (a) A commercial sign that is erected or maintained in violation of this chapter: (1) endangers the health, safety, welfare, morals, and enjoyment of the traveling public and the protection of the public investment in the interstate and primary…

Sec. 391.035. CIVIL PENALTY. (a) In lieu of being subject to a criminal penalty, a person who intentionally violates this subchapter or Subchapter C may be liable for a civil penalty. The attorney general or a district or county attorney of the county in which the violation is al…

Sec. 391.0355. ADMINISTRATIVE PENALTY. (a) In lieu of a suit to collect a civil penalty, the commission, after notice and an opportunity for a hearing before the commission, may impose an administrative penalty against a person who violates this chapter or a rule adopted by the c…

Sec. 391.036. SCOPE OF COMMISSION RESPONSIBILITY. The commission's responsibility for the regulation of commercial signs is only on highways on the interstate and primary systems, including interstate highways, state highways, and farm-to-market roads. Acts 1995, 74th Leg., ch. 1…

Sec. 391.038. SIGN HEIGHT. (a) Except as otherwise provided by this section, a sign may not be higher than 60 feet, excluding a cutout that extends above the rectangular border of the sign, measured: (1) from the grade level of the centerline of the main-traveled way, not includi…

Sec. 391.0381. VIOLATIONS BY CERTAIN PERSONS OF SIGN HEIGHT PROVISION: PERMIT DENIAL. (a) This section applies only to a person who has permits for 100 or more signs. (b) If a sign for which a person has a permit violates Section 391.038 or a rule adopted to implement that sectio…

Sec. 391.039. SPACING REQUIREMENTS IN CERTAIN MUNICIPALITIES. (a) In this section, "electronic sign" means a sign that changes its message or copy by programmable electronic or mechanical processes. (b) The department, in regulating outdoor advertising located in the corporate bo…

Sec. 391.061. LICENSE FOR COMMERCIAL SIGNS; OFFENSE. (a) A person commits an offense if the person wilfully erects or maintains a commercial sign in an area described by Section 391.031(a) without a license under this subchapter. (b) An offense under this section is a misdemeanor…

Sec. 391.062. ISSUANCE AND PERIOD OF LICENSE. (a) The commission shall issue a license to a person who: (1) files with the commission a completed application form within the time specified by the commission; (2) pays the appropriate license fee; and (3) files with the commission …

Sec. 391.063. LICENSE FEE. The commission may set the amount of a license fee according to a scale graduated by the number of commercial signs owned by the license applicant that are regulated under this chapter and the number of off-premise signs owned by the license applicant a…

Sec. 391.064. SURETY BOND. (a) The surety bond required of an applicant for a license under Section 391.062 must be: (1) in the amount of $2,500 for each county in the state in which the person erects or maintains a commercial sign; and (2) payable to the commission for reimburse…

Sec. 391.065. RULES; FORMS. (a) The commission may adopt rules to implement this subchapter and Subchapters A and B. (b) For the efficient management and administration of this chapter and to reduce the number of employees required to enforce this chapter, the commission shall ad…

Sec. 391.066. REVOCATION OR SUSPENSION OF LICENSE; APPEAL. (a) The commission may revoke or suspend a license issued under this subchapter or place on probation a license holder whose license is suspended if the license holder violates this chapter or a rule adopted under this ch…

Sec. 391.0661. APPLICABILITY OF LICENSE. In addition to authorizing a person to erect or maintain a commercial sign under this chapter, a license issued under this chapter authorizes a person to erect or maintain an off-premise sign under Chapter 394. Added by Acts 2011, 82nd Leg…

Sec. 391.067. PERMIT FOR COMMERCIAL SIGNS; OFFENSE. (a) A person who has a license issued under this subchapter commits an offense if the person wilfully erects or maintains a commercial sign for which a license is required under Section 391.061 unless that person also has a perm…

Sec. 391.068. ISSUANCE OF PERMIT. (a) Except as provided by Subsection (d), the commission shall issue a permit to a person with a license issued under this subchapter: (1) whose license application complies with rules adopted under Section 391.065; and (2) whose commercial sign,…

Sec. 391.069. FEE AMOUNTS. The license and permit fees required by this subchapter may not exceed an amount reasonably necessary to cover the administrative costs incurred to enforce this chapter. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 391.070. EXCEPTIONS FOR CERTAIN NONPROFIT ORGANIZATIONS. (a) The combined license and permit fees under this subchapter may not exceed $10 for a commercial sign erected and maintained by a nonprofit organization in a municipality or a municipality's extraterritorial jurisdic…

Sec. 391.091. ERECTION AND MAINTENANCE OF SIGNS. (a) The department shall contract with an individual, firm, group, or association in this state to erect and maintain specific information logo signs and major shopping area guide signs at appropriate locations along an eligible hi…

Sec. 391.092. REGULATION OF SIGNS GENERALLY. (a) The commission shall: (1) regulate the content, composition, placement, erection, and maintenance of specific information logo signs and supports on an eligible highway right-of-way; and (2) adopt rules necessary to administer and …

Sec. 391.093. ELIGIBILITY FOR DISPLAY ON SIGN. (a) A commercial establishment, to be eligible to have its name displayed on a specific information logo sign, must provide gas, food, lodging, camping, or pharmacy services and be located not more than three miles from an interchang…

Sec. 391.0935. MAJOR SHOPPING AREA GUIDE SIGNS. (a) Unless the commission determines there is a conflict with federal law, the commission shall establish a program that allows the erection and maintenance of major shopping area guide signs at appropriate locations along eligible …

Sec. 391.094. DUTY NOT TO DISCRIMINATE. A commercial establishment identified on a specific information logo sign shall conform to all applicable laws concerning the provision of public accommodations without regard to race, religion, color, sex, or national origin. Acts 1995, 74…

Sec. 391.095. PLACEMENT OF SIGNS. (a) The contractor installing a specific information logo sign shall place the sign so that: (1) the sign is at least 800 feet from the previous interchange and at least 800 feet from the exit direction sign at the interchange from which the serv…

Sec. 391.096. DISPOSITION OF FUNDS. Funds received under this subchapter shall be deposited to the credit of the state highway fund. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

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. T…

Sec. 391.099. TOURIST-ORIENTED DIRECTIONAL SIGN PROGRAM. (a) In this section: (1) "Eligible facility" means a winery or a business related to agriculture or tourism, including a farm, ranch, or other tourist activity, that: (A) derives a major portion of its income or visitors du…

Sec. 391.121. PROHIBITED JUNKYARD; OFFENSE. (a) A person commits an offense if: (1) the person wilfully establishes, operates, or maintains a junkyard any portion of which is within 1,000 feet of the nearest edge of a right-of-way of a highway in the interstate or primary system;…

Sec. 391.122. AUTHORITY OF COMMISSION TO SCREEN JUNKYARD. (a) The commission may screen with appropriate means, including natural objects, plantings, or fences, a lawfully existing junkyard that is within 1,000 feet of the nearest edge of a right-of-way of a highway in the inters…

Sec. 391.123. RULES RELATING TO SCREENING OF JUNKYARDS. The commission may adopt rules governing the location, planting, construction, and maintenance of the materials used in screening junkyards. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 391.124. COMPENSATION TO OWNER OF JUNKYARD. If the commission determines that the screening of a lawfully existing junkyard that is within 1,000 feet of the nearest edge of a right-of-way of a highway in the interstate or primary system is not feasible, the commission shall …

Sec. 391.125. INJUNCTION TO REQUIRE SCREENING. (a) On written notice by certified mail from the department, an owner of a junkyard that is established, operated, or maintained in violation of this subchapter or a rule adopted under this subchapter shall screen the junkyard in acc…