| (a) To obtain a permit for a commercial sign, a license
holder must file an application in a form prescribed by the department.
The application must include, at a minimum:
(1) the complete name and address of the license holder;
(2) the complete name and address of the authorized
agent of the license holder if an agent is used;
(3) the proposed location and description of the sign;
(4) the complete legal name and telephone number of
the owner of the designated site;
(5) the appraisal district property tax identification
number of the designated site;
(6) city's current zoning of the sign's location; and
(7) additional information the department considers
necessary to determine eligibility.
(b) If the sign is to be located within the extraterritorial
jurisdiction of a municipality with a population greater than 1.9
million that is exercising its statutory authority to regulate commercial
signs, as authorized under §21.200 of this subchapter (relating
to Local Control of Commercial Signs), a certified copy of the permit
issued by the municipality within the preceding twelve months must
be submitted with the application.
(c) The application must be accompanied by the fee
prescribed by §21.175 of this subchapter (relating to Permit
Fees).
(d) If a paper application is filed:
(1) the applicant must certify that the application
is complete and correct;
(2) the application must have original signatures;
and
(3) the application, required documentation, and the
fee required under this section must be sent to: Texas Department
of Transportation, Highway Beautification Section, P.O. Box 13043,
Austin, Texas 78711-3043.
(e) A permit application fee is payable by credit card
or check made payable to the Texas Highway Beautification Fund.
(f) To facilitate a site's location during the initial
inspection process, the application must identify the sign site marking
in accordance with §21.160 of this subchapter (relating to Applicant's
Identification of a New Commercial Sign's Proposed Site) by:
(1) GPS coordinates in latitude and longitude, accurate
within 50 feet; or
(2) a sketch or aerial map depicting distances to nearby
landmarks.
(g) In addition to the other requirements of this section,
an application for an electronic sign must include:
(1) a current copy of the municipality's ordinance
that demonstrates the allowance of an electronic sign; and
(2) contact information for a person who is available
to be contacted at any time and who is able to turn off the electronic
sign promptly if a malfunction occurs or is able to accommodate an
emergency notification request from a local authority under §21.258
of this subchapter (relating to Emergency Information).
(h) If the only issue preventing the issuance of a
permit is a spacing conflict with another permitted sign owned by
the applicant, the department will send a notice to the applicant
informing the applicant of the conflicting sign. The department will
deny the application unless the applicant, before the 30th day after
the date that the department sends notice under this subsection, to
provide the department with proof of the removal of the conflicting
sign.
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| Source Note: The provisions of this §21.159 adopted to be effective July 1, 2011, 36 TexReg 2418; amended to be effective April 19, 2012, 37 TexReg 2687; amended to be effective June 19, 2014, 39 TexReg 4668; amended to be effective March 14, 2018, 43 TexReg 1446 |
