2005 Texas Transportation Code CHAPTER 393. OUTDOOR SIGNS ON PUBLIC RIGHTS-OF-WAY

TRANSPORTATION CODE

CHAPTER 393. OUTDOOR SIGNS ON PUBLIC RIGHTS-OF-WAY


	§ 393.001. DEFINITION.  In this chapter, "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.

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


	§ 393.002. SIGN PLACEMENT PROHIBITED.  Except as provided 
by Section 393.0025, a person may not place a sign on the 
right-of-way of a public road unless the placement is authorized by 
state law.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 1393, § 1, eff. Sept. 1, 1997.


	§ 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 
road or highway in the state highway system.

Added by Acts 1997, 75th Leg., ch. 1393, § 2, eff. Sept. 1, 1997.          


	§ 393.003. CONFISCATION, NOTICE, AND PUBLIC AUCTION.  (a) 
A sheriff or constable may confiscate a sign placed in violation of 
Section 393.002.
	(b)  If the owner of a confiscated sign is known, the sheriff 
or constable shall notify the owner of the confiscation by 
certified mail, return receipt requested, not later than the 10th 
day after the date of the confiscation.  If the owner of the sign is 
not known, the sheriff or constable shall publish notice of the 
confiscation in a newspaper of general circulation in the county 
not later than the 10th day after the date of the confiscation.
	(c)  A notice under Subsection (b) must:                                       
		(1)  include a description of the sign and the location 
from which the sign was confiscated;
		(2)  include a statement that the owner may reclaim the 
sign before the 21st day after the date the notice was mailed or 
published if all fines that are imposed under this chapter are paid;  
and
		(3)  state the date, time, and location of the public 
auction where the sign will be sold if the sign is not reclaimed.
	(d)  A notice by publication under Subsection (b) may contain 
multiple listings of confiscated signs.
	(e)  The sheriff or constable may sell a sign at public 
auction if, before the 21st day after the date notice under 
Subsection (b) was mailed or published, the sign has not been 
reclaimed.  The sheriff or constable shall sell the sign to the 
highest bidder at the auction.
	(f)  The sheriff or constable shall remit the proceeds of an 
auction under Subsection (e) to the county treasurer for deposit to 
the credit of a fund in the county treasury designated by the 
commissioners court.

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


	§ 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 determining the types of signs that are unlikely to 
be reclaimed, the commissioners court may consider:
		(1)  the value of the materials in the signs;  and                            
		(2)  the nature of the things advertised by the signs.                        
	(c)  If the commissioners court exempts certain types of 
signs under this section, the sheriff or constable shall store a 
confiscated sign that is exempted for 21 days after the date the 
sign is confiscated and shall make the sign available for 
reclamation by the owner.  After that period, the sheriff or 
constable may discard the sign.

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


	§ 393.005. PLACEMENT OF UNAUTHORIZED SIGN;  PENALTY.  (a) 
A person commits an offense if the person places a sign in violation 
of Section 393.002.
	(b)  An offense under this section is a Class C misdemeanor.                   

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


	§ 393.006. DEFENSE.  It is a defense to prosecution under 
Section 393.005 that:
		(1)  the defendant was a candidate for an 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.