| (a) If a sign is in place when the roadway on which
it is located first becomes subject to Transportation Code, Chapter
391, the owner of the sign must comply with §21.166 of this subchapter
(relating to Notice of Commercial Sign Becoming Subject to Regulation).
(b) The department may issue a permit with a non-conforming
status if the sign was lawfully erected and maintained before the
roadway became subject to regulation and the conditions of the sign
or location do not meet current requirements.
(c) The department may not issue a permit under subsection
(b) for:
(1) a sign that is prohibited under §21.177 of
this subchapter (relating to Prohibited Sign Locations);
(2) a sign that is erected, repaired, or maintained
in violation of §21.188 of this subchapter (relating to Destruction
of Vegetation and Access from Right of Way Prohibited); or
(3) a sign erected or maintained in violation of any
other law of the state or a court order.
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