2005 Texas Transportation Code CHAPTER 392. HIGHWAY BEAUTIFICATION ON STATE HIGHWAY RIGHT-OF-WAY

TRANSPORTATION CODE

CHAPTER 392. HIGHWAY BEAUTIFICATION ON STATE HIGHWAY RIGHT-OF-WAY

SUBCHAPTER A. LANDSCAPE AND MAINTENANCE


	§ 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 trees present a safety hazard, the department 
shall plant other indigenous or adaptable trees that do not present 
a safety hazard.
	(c)  The cost of acquiring, planting, and caring for the 
pecan trees shall be paid from the state highway fund.

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


	§ 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 the guidelines adopted under Section 2166.404, Government 
Code.
	(c)  In this section:                                                          
		(1)  "Roadside park" includes a rest area, picnic area, 
welcome station, or other facility that is:
			(A)  provided for the convenience of the traveling 
public;                 
			(B)  within or adjacent to a highway right-of-way;  
and                    
			(C)  under the jurisdiction of the department.                               
		(2)  "Xeriscape" has the meaning assigned by Section 
2166.404, Government Code.
	(d)  Expired.                                                                  

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 165, § 17.19(23), eff. Sept. 1, 
1997.

SUBCHAPTER B. SIGNS ON STATE HIGHWAY RIGHT-OF-WAY


	§ 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 of a highway designated as part of the state highway 
system.

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


	§ 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 Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 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 the building if the sign:
		(1)  consists solely of the name of the establishment;                        
		(2)  identifies the establishment's principal product 
or services;  or      
		(3)  advertises the sale or lease of the property on 
which the sign is located.
	(b)  The department shall approve a request submitted under 
Subsection (a) if the department:
		(1)  determines that the sign will not constitute a 
safety hazard;          
		(2)  determines that the sign will not interfere with 
the construction, reconstruction, operation, or maintenance of the 
highway facility;  and
		(3)  obtains the approval of the Federal Highway 
Administration if approval is required under federal law.

Added by Acts 1999, 76th Leg., ch. 442, § 3, eff. June 18, 1999.           


	§ 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 address are 
displayed on the sign or are otherwise reasonably ascertainable, 
the department shall notify the owner in writing that the sign:
		(1)  has been removed;  and                                                   
		(2)  may be disposed of unless the owner claims the sign 
on or before the 10th day after the removal date.
	(c)  If the owner of the sign does not claim the sign on or 
before the 10th day after the removal date, the department may 
dispose of the sign.

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


	§ 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-of-way.                            
	(b)  If the owner of the sign does not correct the 
encroachment before the 31st day after the date of receipt of the 
notice, the department may remove the sign under Section 392.033.

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


	§ 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 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 392.036. DEFENSE.  It is a defense to prosecution for a 
violation under Section 392.032 that at the time of the alleged 
violation:
		(1)  the defendant is a candidate for elective public 
office;  and          
		(2)  the sign is placed:                                                      
			(A)  by a person other than the defendant;                                   
			(B)  without the knowledge of the defendant;  and                            
			(C)  in connection with a campaign for an elective 
public office by the defendant.

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


	§ 392.037. RULES.  The commission may adopt rules to 
enforce this subchapter.

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


	§ 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, § 1, eff. Sept. 1, 1995.