| (a) The department will not issue a permit under this
subchapter unless the sign for which application is made is located
along a roadway to which Transportation Code, Chapter 391, applies
and is in:
(1) an unzoned commercial or industrial area; or
(2) a zoned commercial or industrial area.
(b) Subsection (a) of this section does not apply to
a commercial sign that was lawfully in existence when it became subject
to Transportation Code, Chapter 391.
(c) The department may refuse to issue a permit or
approve an application for an amended permit if the location of the
sign is:
(1) within a parcel that when the application was received
had been identified for acquisition on a schematic or plan as part
of a transportation project; or
(2) within the prohibited spacing distance of planned
facilities, as determined under §21.179 of this subchapter (relating
to Location of Commercial Signs Near Certain Highway Facilities).
(d) An electronic sign may be located or upgraded only
along a regulated highway and within the corporate limits or extraterritorial
jurisdiction of a municipality.
(e) An electronic sign may not be located within 1,500
feet of another electronic sign on the same highway if facing the
same direction of travel except as provided by this subsection. If
the sign will be located in a political subdivision that is authorized
to exercise control under §21.192 of this subchapter (relating
to Local Control of Commercial Signs), the sign spacing must comply
with the Texas Federal and State Agreement on Highway Beautification.
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