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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 21RIGHT OF WAY
SUBCHAPTER KCONTROL OF SIGNS ALONG RURAL ROADS
RULE §21.402Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

  (1) Commission--The Texas Transportation Commission.

  (2) Department--The Texas Department of Transportation.

  (3) Erect--To construct, build, raise, assemble, place, affix, attach, embed, create, paint, draw, or in any way bring into being or establish.

  (4) License--An outdoor advertising license issued by the department.

  (5) Main-traveled way--The through traffic lanes exclusive of frontage roads, auxiliary lanes, and ramps.

  (6) 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.

  (7) Military spouse--A person who is married to a military service member who is currently on active duty.

  (8) 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.

  (9) 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.

  (10) Nonprofit sign--A sign that is erected and maintained by a nonprofit organization under a permit issued under §21.457 of this subchapter (relating to Nonprofit Sign Permit).

  (11) Permit--Written authorization granted for the erection of a sign, subject to this subchapter and Transportation Code, Chapter 394.

  (12) Person--An individual, association, partnership, limited partnership, trust, corporation, or other legal entity.

  (13) Portable sign--A sign designed to be mounted on a trailer, bench, wheeled carrier, or other non-motorized mobile structure or on skids or legs.

  (14) 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.

  (15) Public park--A public park, forest, playground, nature preserve, or scenic area designated and maintained by a political subdivision or governmental agency.

  (16) Rural road--A road, street, way, highway, thoroughfare, or bridge that is located in an unincorporated area and is not privately owned or controlled, any part of which is open to the public for vehicular traffic, and over which the state or any of its political subdivisions have jurisdiction.

  (17) Sign--A thing that is designed, intended, or used to advertise or inform, including a sign, display, light, device, figure, painting, drawing, message, plaque, placard, poster, billboard, logo, or symbol.

  (18) Sign face--The part of the sign that contains the advertising or information contents and is distinguished from other parts of the sign and 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 advertising or information contents of the sign.

  (19) 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 advertising or information contents. The term includes at a minimum, beams, poles, braces, apron, frame, catwalk, stringers, and a sign face.

  (20) Visible--Capable of being seen whether or not legible or identified without visual aid by a person of normal visual acuity.


Source Note: The provisions of this §21.402 adopted to be effective July 1, 2011, 36 TexReg 2418; amended to be effective June 19, 2014, 39 TexReg 4668

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