| (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, governmental, 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, in its discretion, may refuse to
issue a permit or approve an application for an amended permit if
the location of the sign is within the corridor of a section of highway
that has received environmental clearance, but for which the construction
contract has not been awarded.
(d) An electronic sign may be located, relocated, or
upgraded only along a regulated highway and within:
(1) the corporate limits of a municipality that allows
electronic signs under its sign or zoning ordinance; or
(2) the extraterritorial jurisdiction of a municipality
described by paragraph (1) of this subsection that under state law
has extended its municipal regulation to include and allow electronic
signs in that area.
(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, or if the sign will be located in a political
subdivision that is authorized to exercise control under §21.200
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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