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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 21RIGHT OF WAY
SUBCHAPTER KCONTROL OF SIGNS ALONG RURAL ROADS
RULE §21.422Transfer of Permit

(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.


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

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