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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 21RIGHT OF WAY
SUBCHAPTER KCONTROL OF SIGNS ALONG RURAL ROADS
RULE §21.433Lighting of and Movement on Signs

(a) A sign may not contain or be illuminated by any flashing, intermittent, or moving lights, including any type of screen using animated or scrolling displays, except that this subsection does not apply to a sign that only provides public service information, such as time, date, temperature, or weather, or similar information.

(b) Except for a relocated sign, any new sign may be illuminated but only by:

  (1) upward lighting of no more than four luminaires per direction of the sign face or faces of the structure; or

  (2) downward lighting of no more than four luminaires per direction of the sign face or faces of the structure.

(c) Lights that are a part of or illuminate a sign:

  (1) must be shielded, directed, and positioned to prevent beams or rays of light from being directed at any portion of the traveled ways of a regulated rural road;

  (2) may not be of such intensity or brilliance as to cause vision impairment of a driver of any motor vehicle on a regulated rural road or otherwise interfere with the driver's operation of a motor vehicle; and

  (3) may not obscure or interfere with the effectiveness of an official traffic sign, device, or signal.

(d) A temporary protrusion may not be illuminated by flashing or moving lights or enhanced by reflective material that creates the illusion of flashing or moving lights.

(e) Reflective paint or reflective disks may be used on a sign face only if the paint or disks do not:

  (1) create the illusion of flashing or moving lights; or

  (2) cause an undue distraction to the traveling public.

(f) A neon light may be used on a sign face only if:

  (1) the light does not flash;

  (2) the light does not cause an undue distraction to the traveling public; and

  (3) the permit for the sign specifies that the sign is an illuminated sign.

(g) This subchapter does not prohibit a temporary protrusion area of the sign face that displays only numerical characters and that satisfies this subsection and the requirements of §21.428 of this subchapter (relating to Sign Face Size and Positioning). The display on the temporary protrusion may be a digital or other electronic display, but if so:

  (1) it must consist of a stationary image;

  (2) it may not change more frequently than four times in any 24 hour period; and

  (3) the process of any change of display must be completed within two minutes.


Source Note: The provisions of this §21.433 adopted to be effective July 1, 2011, 36 TexReg 2418; amended to be effective June 19, 2014, 39 TexReg 4668

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