(a) This subchapter does not apply to an off-premise portable sign in an unincorporated area of a county with a population of 3.3 million or more, according to the most recent federal census, if the county either prohibits or regulates the location, height, size, anchoring, or use of such a portable sign.
(b) This subchapter does not apply to an on-premise sign in an unincorporated area of a county with a population of 3.3 million or more or a county that borders such a county if:
  (1) the county has adopted an ordinance to regulate on-premise signs; or
  (2) the commissioner's court of the county, by order, has authorized the commission to regulate on-premise signs in the unincorporated area of the county in accordance with a municipal or county regulation.

Source Note: The provisions of this §21.406 adopted to be effective July 1, 2011, 36 TexReg 2418; amended to be effective January 5, 2012, 36 TexReg 9349