(a) The department will not issue a permit under this subchapter unless the sign for which application is made is located along a roadway to which Transportation Code, Chapter 391, applies and is in:
  (1) an unzoned commercial, governmental, or industrial area; or
  (2) a zoned commercial or industrial area.
(b) Subsection (a) of this section does not apply to a commercial sign that was lawfully in existence when it became subject to Transportation Code, Chapter 391.
(c) The department, in its discretion, may refuse to issue a permit or approve an application for an amended permit if the location of the sign is within the corridor of a section of highway that has received environmental clearance, but for which the construction contract has not been awarded.
(d) An electronic sign may be located, relocated, or upgraded only along a regulated highway and within:
  (1) the corporate limits of a municipality that allows electronic signs under its sign or zoning ordinance; or
  (2) the extraterritorial jurisdiction of a municipality described by paragraph (1) of this subsection that under state law has extended its municipal regulation to include and allow electronic signs in that area.
(e) An electronic sign may not be located within 1,500 feet of another electronic sign on the same highway if facing the same direction of travel, or if the sign will be located in a political subdivision that is authorized to exercise control under §21.200 of this subchapter (relating to Local Control of Commercial Signs) the sign spacing must comply with the Texas Federal and State Agreement on Highway Beautification.

Source Note: The provisions of this §21.166 adopted to be effective July 1, 2011, 36 TexReg 2418; amended to be effective March 14, 2018, 43 TexReg 1446