(a) The following are exempt from the requirements
of this subchapter:
(1) a sign, the erection and maintenance of which is
allowed under the highway beautification provisions of the Transportation
Code, Chapter 391;
(2) a sign in existence before September 1, 1985, that
was properly registered and maintains a valid registration under §21.407
of this subchapter (relating to Existing Off-Premise Signs);
(3) a sign that has as its purpose the protection of
life and property;
(4) a directional or other official sign authorized
by law, including a sign pertaining to a natural wonder or scenic
or historic attraction;
(5) a sign or marker giving information about the location
of an underground electric transmission line, telegraph or telephone
property or facility, pipeline, public sewer, or waterline;
(6) a sign erected by a governmental entity;
(7) a sign erected solely for and relating to a public
election, but only if:
(A) the sign is on private property;
(B) the sign is erected after the 91st day before the
election and is removed before the 11th day after the election;
(C) the sign is constructed of lightweight material;
(D) the surface area of the sign is not larger than
50 square feet; and
(E) the sign is not visible from the main-traveled
way of an interstate or federal-aid primary highway;
(8) an off-premise directional sign for a small business,
as defined by Government Code, §2006.001, that is on private
property and is no larger than 50 square feet;
(9) a sign that is required by the Railroad Commission
of Texas at the principal entrance to or on each oil or gas producing
property, well, tank, or measuring facility to identify or to locate
the property, that is no larger in size than is necessary to comply
with the Railroad Commission's regulations, and that has no advertising
or information content other than the name or logo of the company
and the necessary directions;
(10) a sign that shows only the name of a ranch on
which livestock are raised or a farm on which crops are grown and
the directions to, telephone number, or internet address of the ranch
or farm and that has a sign face that does not exceed an area of 32
square feet;
(11) a sign identifying the name of a recorded subdivision
located at an entrance to the subdivision or on property owned by
or assigned to the subdivision, home owners association, or other
entity associated with the subdivision;
(12) a sign of a nonprofit service club, charitable
association, religious organization, chamber of commerce, or nonprofit
museum that gives information about the meetings, services, events,
or locations of the entity and that does not exceed an area of 32
square feet;
(13) a public service sign that:
(A) is located on a school bus stop seating bench or
shelter;
(B) identifies the donor, sponsor, or contributor of
the shelter;
(C) contains a public service message that occupies
at least 50 percent of the area of the sign;
(D) has no content other than that described by subparagraphs
(B) and (C) of this paragraph;
(E) is authorized or approved by the law of the entity
that controls the highway involved, including being located at a place
approved by the entity;
(F) has a sign face that does not exceed an area of
32 square feet; and
(G) is not facing the same direction as any other sign
on that seating bench or shelter;
(14) a sign that is erected and maintained by a public
school, or a college or university, or a non-profit agricultural fair,
but only if the information presented on the sign is limited to information
about the meetings, services, events, or on premise activities of
the entity, and the total area of the sign's face facing a particular
direction of travel does not exceed 200 square feet; and
(15) a sign that:
(A) is located on the sign owner's real property;
(B) does not result in any monetary benefit for the
owner or material benefit to a third-party;
(C) does not relate to a public election;
(D) has no more than a single sign face fronting a
particular direction of travel; and
(E) has no single sign face that exceeds 96 square
feet.
(b) An on-premise sign that meets the criteria provided
by §21.442 of this subchapter (relating to On-premise Sign) cannot
be erected earlier than one year before the date that the business
for which the sign is erected will open and conduct business.
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Source Note: The provisions of this §21.405 adopted to be effective July 1, 2011, 36 TexReg 2418; amended to be effective April 19, 2012, 37 TexReg 2687; amended to be effective October 12, 2014, 39 TexReg 7954 |