Title TN, Transportation Code

Sec. 391.181. POWERS AND METHODS OF ACQUISITION. (a) The commission may acquire by gift, purchase, exchange, or condemnation any right or property interest that it considers necessary or convenient to implement this chapter. (b) The exercise of the power of eminent domain authori…

Sec. 391.182. STATE VOUCHERS AND WARRANTS. (a) On delivery to and acceptance by the commission of an instrument conveying to the state an interest described by Section 391.181(a), the commission shall prepare and transmit to the comptroller a voucher covering the commission's cos…

Sec. 391.183. RECORDING OF INSTRUMENTS. (a) An instrument conveying an interest in real property to the state in connection with the implementation of this chapter must be recorded in the deed records of each county in which the property is situated. (b) The state shall pay the f…

Sec. 391.184. DISPOSAL OF STATE REAL PROPERTY. An interest in real property acquired to implement this chapter that becomes surplus and is determined by the commission as no longer necessary to the state for the purpose for which it was acquired or for a highway purpose shall be …

Sec. 391.211. APPLICABILITY OF SUBCHAPTER. (a) This subchapter applies only to a commercial sign that is erected on or after September 1, 1993. (b) This subchapter does not limit any authority granted to the department under this chapter. Acts 1995, 74th Leg., ch. 165, Sec. 1, ef…

Sec. 391.212. REGULATION OF CERTAIN COMMERCIAL SIGNS. The department may license or otherwise regulate the erection of a commercial sign that is located within 1,000 feet of the center line of that part of State Highway 288 in the unincorporated area of a county. Acts 1995, 74th …

Sec. 391.213. VIOLATION OF RULE; OFFENSE. (a) A person commits an offense if the person violates a rule adopted under this subchapter. (b) An offense under this section is a Class C misdemeanor. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. SUBCHAPTER I. PROHIBITION …

Sec. 391.252. PROHIBITED COMMERCIAL SIGNS. (a) A person may not erect a commercial sign that is adjacent to and visible from: (1) U.S. Highway 290 between the western city limits of the city of Austin and the eastern city limits of the city of Fredericksburg; (2) State Highway 31…

Sec. 391.253. REERECTION, RECONSTRUCTION, REPAIR, OR REBUILDING OF COMMERCIAL SIGNS. (a) A commercial sign that is adjacent to and visible from a highway listed in Section 391.252 that is blown down, destroyed, taken down, or removed for a purpose other than maintenance or to cha…

Sec. 391.254. CIVIL PENALTY. (a) A person who violates Section 391.252 is liable to the state for a civil penalty of not less than $500 or more than $1,000 for each violation, depending on the seriousness of the violation. A separate penalty may be imposed for each day a continui…

Sec. 391.255. APPLICABILITY OF SUBCHAPTER. The restrictions imposed by this subchapter are in addition to those imposed by the remainder of this chapter. Added by Acts 2001, 77th Leg., ch. 1264, Sec. 3, eff. Sept. 1, 2001.

Sec. 391.256. SCENIC BYWAYS PROGRAM. (a) The department shall plan, design, and establish a program for designating highways as State Scenic Byways. (b) The program must include a process by which the department: (1) receives proposals from political subdivisions or other communi…

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 tree…

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 th…

Sec. 392.003. DONATIONS FOR LANDSCAPE INSTALLATION OR MAINTENANCE. The commission by rule shall establish a program under which the department may accept from any source, including an individual or a private business or organization, donations of landscape materials for state hig…

Sec. 392.004. REGIONALLY APPROPRIATE LANDSCAPING. The department shall establish guidelines for a beautification project on a state highway right-of-way that require the use of only regionally appropriate plants. Added by Acts 2015, 84th Leg., R.S., Ch. 939 (H.B. 3302), Sec. 1, e…

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 …

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 Le…

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 …

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 ad…

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-o…

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 199…

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…

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…

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.

Sec. 393.001. DEFINITIONS. In this chapter: (1) "Person" includes a person's employee, agent, independent contractor, assignee, business alter ego, and successor in interest. (2) "Sign" means an outdoor sign, display, light, device, figure, painting, drawing, message, plaque, pos…

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…

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 …

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 …

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 sherif…

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 deter…

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…

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 …

Sec. 393.007. CIVIL PENALTY. (a) A person who places or commissions the placement of or whose commercial advertisement is placed on 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, provided that, for a person's…

Sec. 394.001. DEFINITIONS. In this chapter: (1) "On-premise sign" means a freestanding sign identifying or advertising a business, person, or activity, and installed and maintained on the same premises as the business, person, or activity. (2) "Off-premise sign" means a sign disp…

Sec. 394.002. APPLICATION OF CHAPTER. (a) This chapter applies only to a sign that is: (1) outdoors; and (2) visible from the main-traveled way of a rural road. (b) In this section, "rural road" means a road, street, way, or bridge: (1) that is located in an unincorporated area; …

Sec. 394.003. EXEMPTIONS. (a) This chapter does not apply to: (1) a sign that is allowed to be erected and maintained under the highway beautification provisions contained in Chapter 391; (2) a sign in existence before September 1, 1985; (3) a sign that has as its purpose the pro…

Sec. 394.004. DUTIES OF COMMISSION. The commission shall: (1) administer and enforce this chapter; (2) adopt rules to regulate the erection or maintenance of a sign to which this chapter applies; and (3) adopt rules under this chapter that specify the: (A) time for and manner of …

Sec. 394.005. DISPOSITION OF FEES. Money the commission receives under this chapter shall be deposited to the credit of the state highway fund. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 46, eff. S…

Sec. 394.006. COMPLAINTS; RECORDS. (a) The commission by rule shall establish procedures for accepting and resolving written complaints related to signs under this chapter. The rules must include: (1) a process to make information available describing the department's procedures …

Sec. 394.0201. ERECTING OFF-PREMISE SIGN WITHOUT LICENSE; OFFENSE. (a) A person commits an offense if the person wilfully erects or maintains an off-premise sign on a rural road without a license under this subchapter. (b) An offense under this section is a misdemeanor punishable…

Sec. 394.0202. 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. 394.0203. LICENSE FEE. The commission may set the amount of a license fee according to a scale graduated by the number of off-premise signs owned by the license applicant regulated under this chapter and commercial signs owned by the applicant regulated under Chapter 391. Ad…

Sec. 394.0204. SURETY BOND. (a) The surety bond required of an applicant for a license under Section 394.0202 must be: (1) in the amount of $2,500 for each county in the state in which the person erects or maintains an off-premise sign; and (2) payable to the commission for reimb…

Sec. 394.0205. RULES; FORMS. (a) The commission may adopt rules to implement Sections 394.0201(a), 394.0202, 394.0203, 394.0204, and 394.0206. (b) For the efficient management and administration of this chapter and to reduce the number of employees required to enforce this chapte…