(a) Eligibility. A facility eligible for a TOD sign panel is a winery or other business or non-profit entity including a farm, ranch or other tourist activity that meets the following requirements:
  (1) General criteria. An eligible facility must:
    (A) derive a major portion of its income or visitors during the normal business season from highway users not residing within 50 miles from the facility;
    (B) provide a tourist-oriented service or tourist-oriented product of significant interest to the traveling public;
    (C) comply with all state and federal laws relating to:
      (i) provision of public accommodation without regard to race, religion, color, age, sex, or national origin; and
      (ii) licensing and approval of service facilities; and
    (D) be located within five driving miles from the eligible highway;
    (E) provide modern restroom facilities and drinking water;
    (F) be clean and in good repair; and
    (G) be in compliance with provisions regarding illegal signs as defined in the Highway Beautification Act of 1965 (23 USC 131).
  (2) Specific requirements. In addition to the general requirements, an eligible facility must meet the following specific requirements for at least one of the following categories of TOD sign panels.
    (A) Wineries. To be eligible for a TOD sign panel a winery must:
      (i) produce wine on the premises;
      (ii) conduct regularly scheduled public tours of the grounds or facilities or provide such tours upon walk-up request;
      (iii) market the product on the premises as a retail sale;
      (iv) have a wine tasting area on the premises; and
      (v) have a winery permit issued by the State of Texas.
    (B) Agritourism.
      (i) To be eligible for a TOD sign panel an agritourism applicant must:
        (I) sow, cultivate, or produce an agricultural product on site;
        (II) devote a minimum of five acres of land to the production of an agricultural product;
        (III) conduct regularly scheduled public tours of the grounds or facilities or provides such tours upon walk-up request;
        (IV) market the product on the premises as a retail sale; and
        (V) be open twelve months a year or during the normal seasonal period.
      (ii) Examples of eligible agritourism businesses include, but are not limited to, farms, ranches, herb farms, wildflower farms, and farmers markets.
    (C) Other commercial tourist-oriented businesses or entities.
      (i) To be eligible for a TOD sign panel, an eligible commercial tourist-oriented applicant must:
        (I) provide a unique or unusual commercial or non-profit service or product of significant interest to the tourist community;
        (II) offer services of interest to tourists upon walk-up request, such as retail sales, tours, overnight accommodations, or use of on-site services or facilities;
        (III) be open for business at least five days a week, and one of the five days must be Saturday or Sunday; and
        (IV) be a tourist destination or an accommodation that is not part of a franchise or national chain.
      (ii) Examples of eligible commercial tourist-oriented businesses include, but are not limited to, art/craft centers, art galleries, auction houses, amphitheaters, amusement parks, antique businesses, aquariums, arboretums, arenas, auditoriums, bed and breakfasts, boat landings/marinas, civic centers, concert halls, equestrian centers, fairgrounds, golf courses, museums, natural attractions, pavilions, stadiums, water oriented businesses, and wildlife preserves.
  (3) Ineligible facilities. Facilities excluded from participation in the TOD sign program include, but are not limited to, adult entertainment facilities, animal shelters, cemeteries, convenience stores, funeral homes, gas stations, industrial parks or plants, media facilities, local jails, local police or sheriffs' offices, movie theaters, office parks, radio stations, television stations, truck terminals, post offices, medical facilities, retirement homes, veterans facilities, veterinary facilities, mobile home parks, and residential or commercial subdivisions.
  (4) Final determination of eligibility. The department will make all final determinations regarding an applicant's eligibility to participate in the TOD sign program.
(b) Application.
  (1) Applications for eligible facilities desiring to participate in the TOD sign program are available upon request from the department.
  (2) An eligible facility desiring to participate in the TOD sign program must submit an application to the contractor and verify that all eligibility requirements are met. Applications must be submitted to the location stated on the application form. The contractor will verify the eligibility of each applicant.
  (3) Applications will be reviewed by the contractor and applicants will be notified in writing of the application being approved or disapproved according to the following schedule.
    (A) Within 30 days the contractor will notify the business that:
      (i) the application has been received; and
      (ii) that the application is complete, or that additional information is required to complete the application.
    (B) The contractor will approve or disapprove the application:
      (i) within 60 days after the business submits the application if no additional information is required; or
      (ii) within 30 days after the date the business submits all of the additional information requested by the contractor under subparagraph (A) of this paragraph.
(c) Specifications for TOD sign assemblies and sign panels.
  (1) Sign assembly. A TOD sign assembly shall:
    (A) have a blue background with a white reflective border;
    (B) meet all applicable provisions of the MUTCD;
    (C) have background material which conforms with department specifications for reflective sheeting; and
    (D) be fabricated, erected, and maintained in conformance with department specifications and fabrication details.
  (2) Order of priority. TOD sign panels will be assigned to eligible facilities in the following priority: wineries, agritourism, and other commercial tourist-oriented businesses.
  (3) Content. A TOD sign panel will contain no more than the following items as space limitations will allow:
    (A) a maximum of two lines of text describing the name of the eligible facility;
    (B) a directional arrow indicating the direction of and distance to the eligible facility; or
    (C) a symbol or icon depicting the type of eligible facility as designed and approved by the department.
  (4) Panel limitations. Each TOD sign assembly may have no more than three TOD sign panels.
  (5) Placement. Subject to approval by the department, a TOD sign assembly shall be installed or placed:
    (A) only on TOD eligible highways as defined in this subchapter;
    (B) to take advantage of natural terrain;
    (C) to have the least impact on the scenic environment;
    (D) to avoid visual conflict with other signs within the highway right-of-way;
    (E) with a lateral offset equal to or greater than existing guide signs;
    (F) in advance of the intersection or business entrance on the TOD eligible highway;
    (G) at least 200 feet from any other traffic control devices; and
    (H) so that it does not block motorists' visibility of existing traffic control and guide signs.
  (6) Maximum number of TOD sign assemblies. The maximum number of TOD sign assemblies will be limited to three per intersection approach subject to the placement requirements contained in this subchapter.
  (7) Existing signs. Existing regulatory, warning, destination, guide, recreation, and cultural interest signs will not be removed; provided, however, that subject to the written approval of the department, such existing signs may be relocated by special permission of the department at the sole expense and responsibility of the contractor and only to the extent necessary to accommodate TOD signs.
(d) TOD trailblazer signs.
  (1) At each turn required to be made by the traveling public from a TOD sign to the participating facility, a TOD trailblazer sign shall be in place directing the turn.
Cont'd...