The following words and terms, when used in this subchapter,
shall have the following meanings, unless the context clearly indicates
otherwise.
(1) Commercial sign--A sign that is:
(A) at any time intended to be leased, or for which
payment of any type is intended to be or is received, for the display
of any good, service, brand, slogan, message, product, or company,
except that the term does not include a sign that is leased to a business
entity and located on the same property on which the business is located;
or
(B) located on property owned or leased for the primary
economic purpose of displaying a sign.
(2) Commission--The Texas Transportation Commission.
(3) Conforming sign--A sign legally erected and maintained
in accordance with state and federal law, including rules and regulations.
(4) Department--The Texas Department of Transportation.
(5) Electronic sign--A commercial sign that changes
its message or copy by programmable electronic or mechanical processes.
(6) Erect--To construct, build, raise, assemble, place,
affix, attach, embed, create, paint, draw, or in any other way bring
into being or establish.
(7) Freeway--A divided, controlled access highway for
through traffic. The term includes a toll road.
(8) Highway--The width between the boundary lines of
either a publicly maintained way any part of which is open to the
public for vehicular travel or roadway project for which the commission
has authorized the purchase of right-of-way.
(9) Interchange--A junction of two or more roadways,
including frontage roads with on and off ramps, in conjunction with
one or more grade separations that provides for the uninterrupted
movement of traffic between two or more roadways or highways on different
levels without the crossing of traffic streams.
(10) Intersection--The common area at the junction
of two highways that are on the primary system. The common area includes
the area within the lateral boundary lines of the roadways.
(11) Interstate highway system--Highways designated
officially by the commission and approved pursuant to 23 United States
Code §103 as part of the national system of interstate and defense
highways.
(12) Lawfully erected--Erected before January 1, 1968
or if erected after January 1, 1968, erected in compliance with law,
including rules, in effect at the time of erection or as later allowed
by law.
(13) License-- A commercial sign license issued by
the department.
(14) Main-traveled way--The traveled way of a highway
that carries through traffic. In the case of a divided highway, the
traveled way of each of the separate roadways for traffic in opposite
directions is a main-traveled way. It does not include such facilities
as frontage roads, turning roadways, or parking areas.
(15) Military Service Member--A person who is currently
serving in the Armed Forces of the United States, in a reserve component
of the United States, including the National Guard, or in the state
military service of any service.
(16) Military spouse--A person who is married to a
military service member who is currently on active duty.
(17) Military veteran--A person who has served in the
Army, Navy, Air Force, Marine Corps, or Coast Guard of the United
States, or in an auxiliary service of one of those branches of the
armed forces.
(18) National Highway System--Highways designated officially
by the commission and approved pursuant to 23 United States Code §103
as part of the national highway system.
(19) Nonconforming sign--A sign that was lawfully erected
but that no longer complies with a law or rule because of changed
conditions or because the law or rule was amended after the sign was
erected or that fails to comply with a law enacted or rule adopted
after the sign was erected. Examples of changed conditions are discontinuance
of a commercial or industrial activity, decrease in the limits of
an incorporated area, reclassification of a roadway, decertification
of certified city, and amendment of a comprehensive local zoning ordinance
from commercial to residential.
(20) Permit--Written authorization granted for the
erection of a commercial sign, subject to this subchapter and Transportation
Code, Chapter 391.
(21) Person--An individual, association, partnership,
limited partnership, trust, corporation, or other legal entity.
(22) Primary system--Highways designated by the commission
as the federal-aid primary system and any highway on the National
Highway System. The term includes all roads designated as part of
the National Highway System as of 1991.
(23) Processing Area--An area where actions or operations
are accomplished that contribute directly to a particular commercial
or industrial purpose and are performed during established activity
hours.
(24) Public space--Publicly-owned land that is designated
by a governmental entity as a park, forest, playground, scenic area,
recreation area, wildlife or waterfowl refuge, historic site, or similar
public space.
(25) Regulated highway--A highway on the interstate
highway system or primary system.
(26) Rest area--An area of public land designated by
the department as a rest area, comfort station, picnic area, or roadside
park.
(27) Roadway--That portion of a road used for vehicular
travel, exclusive of the sidewalk, berm, or shoulder.
(28) Sign--A structure, display, light, device, figure,
painting, drawing, message, plaque, placard, poster, billboard, logo,
or symbol that is designed, intended, or used to advertise or inform.
(29) Sign face--The part of the sign that is designed
to contain information and is distinguished from other parts of the
sign, including another sign face, by borders or decorative trim.
The term does not include a lighting fixture, apron, or catwalk unless
it displays a part of the information contents of the sign.
(30) Sign structure--All of the interrelated parts
and materials that are used, designed to be used, or intended to be
used to support or display information contents. The term includes,
at a minimum, beams, poles, braces, apron, frame, catwalk, stringers,
and a sign face.
(31) Stacked sign--A sign with two faces placed one
above another on a single structure.
(32) Visible--Capable of being seen, whether or not
legible, or identified without visual aid by a person operating a
motor vehicle on the highways of this state.
|
