(a) A sign permit may be transferred only with the
written approval of the department.
(b) The permit holder must send to the department a
written request to transfer a sign permit in a form prescribed by
the department accompanied by the applicable fees prescribed by §21.424
of this subchapter (relating to Permit Fees).
(c) At the time of the transfer, both the transferor
and the transferee must hold a valid license issued under §21.153
of this chapter (relating to License Issuance) or §21.450 of
this subchapter (relating to License Issuance), except as provided
by subsections (f) - (h) of this section.
(d) The documentation and fee required under this section
must be sent to: Texas Department of Transportation, Outdoor Advertising,
P.O. Box 13043, Austin, Texas 78711-3043.
(e) If the request is approved, the department will
send to the transferor and to the transferee a copy of the approved
permit transfer form.
(f) A permit issued to a nonprofit organization under §21.457
of this subchapter (relating to Nonprofit Sign Permit) may be transferred
to another nonprofit organization that does not hold a license issued
under §21.153 of this chapter or §21.450 of this subchapter,
if the sign will be maintained as a nonprofit sign.
(g) A permit issued to a nonprofit organization under §21.457
of this subchapter may be converted to a regular permit and transferred
to a person that is not a nonprofit organization if the transferee
holds a license for the county in which the sign is located at the
time of the transfer and the sign meets all of the requirements of
this subchapter.
(h) The department may approve the transfer of one
or more sign permits from a transferor to a person who holds a license,
with or without the signature of the transferor, if the person provides
to the department:
(1) legal documents showing the sign has been sold;
(2) documents that indicate that the transferor is
dead or cannot be located; or
(3) a court order demonstrating the new ownership of
the sign permit.
(i) The department will not approve the transfer if
cancellation of the permit is pending or has been abated awaiting
the outcome of an administrative hearing.
(j) The department will approve a transfer only if
the permit is valid.
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Source Note: The provisions of this §21.422 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 |