| (a) Purpose. Texas Transportation Code, Chapter 392, subchapter
B, prohibits persons from erecting, placing, or maintaining a sign on the
right of way of a highway designated as part of the state highway system unless
authorized by state law. Subchapter B further authorizes the department to
remove and dispose of unauthorized signs and to adopt rules for the enforcement
of this subchapter. This section prescribes policies and procedures governing
the removal and disposal of unauthorized signs.
(b) Definitions. The following words and terms, when used
in this section, shall have the following meanings, unless the context clearly
indicates otherwise.
(1) Department - The Texas Department of Transportation.
(2) Permanent sign - Any sign permanently affixed or
attached to the ground or a structure, or which cannot be removed without
special handling.
(3) Reasonably ascertainable name and address - The name
and mailing address of the owner are displayed on the sign, or a name is displayed
on the sign from which the department can identify the name and address of
the owner.
(4) Sign - Any outdoor sign, display, light, device,
figure, painting, drawing, message, plaque, poster, or other thing that is
designed, intended, or used to advertise or inform.
(c) Removal.
(1) Immediate removal. Except as provided in paragraphs (2)
and (3) of this subsection, the department may immediately and without prior
notice remove a sign erected, placed, or maintained, in whole or in part,
on state highway right of way if the sign is not authorized by state law or
approved by the department.
(2) Permanent signs. If the name and address of the owner
of a permanent unauthorized sign is reasonably ascertainable, the department
will notify the owner to remove the sign. If the owner does not remove the
sign within 14 calendar days of the date notice is mailed, the department
may remove the sign without further notice.
(3) Regulated signs. If a sign authorized under Texas
Transportation Code, Chapter 391, subchapters B and C, and Chapter 394, encroaches
on state highway right of way, the department will notify the owner of the
sign of the encroachment and request that the encroachment be remedied. If
the owner does not remedy the encroachment within 31 calendar days of the
date notice is mailed, the department will remove the portion of the sign
that is in the right of way.
(4) Sign storage. Removed signs will be stored at a department
maintenance office pending disposal.
(d) Disposal.
(1) The department may dispose of a sign removed under this
section unless the sign is claimed by the owner not later than the 10th day
after the date of removal or the date notice is mailed under paragraph (2)
of this subsection, whichever date is later.
(2) If the name and address of the owner is reasonably
ascertainable, the department will, within three working days of the date
of removal, forward written notice by certified mail to the owner of the sign
stating that the sign has been removed and will be disposed of by the department
after the 10th day from the date of the letter unless claimed by the owner.
(e) Removal costs.
(1) The department will notify the owner of a sign removed
under this section of the removal costs, and the owner shall remit the costs
to the department within 30 days of the date of the notice. If the owner fails
to remit all costs, the department may refer the matter to the Office of the
Attorney General for collection.
(2) Removal costs will be determined as follows.
(A) The costs of removing a nonpermanent unauthorized sign
will be the average cost for removing an unauthorized nonpermanent sign in
the district in which the sign is located.
(B) The costs for removing a permanent unauthorized sign will
be the average cost per square foot for removing an unauthorized permanent
sign in the district in which the sign is located.
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