Sec. 392.0325.  EXCEPTION.  (a)  A person may submit a request to the department for an exception to this subchapter for a sign that is attached to a building located on property other than a state highway right-of-way and that refers to a commercial activity or business located in the building if the sign:
(1)  consists solely of the name of the establishment;
(2)  identifies the establishment's principal product or services;  or
(3)  advertises the sale or lease of the property on which the sign is located.
(b)  The department shall approve a request submitted under Subsection (a) if the department:
(1)  determines that the sign will not constitute a safety hazard;
(2)  determines that the sign will not interfere with the construction, reconstruction, operation, or maintenance of the highway facility;  and
(3)  obtains the approval of the Federal Highway Administration if approval is required under federal law.
(c)  This subchapter does not apply to a temporary directional sign or kiosk erected by a political subdivision as part of a program approved by the department and administered by the political subdivision on a highway within the boundaries of the political subdivision.
(d)  This subchapter does not apply to a sign placed in the right-of-way by a public utility or its contractor for purposes of the utility.
Added by Acts 1999, 76th Leg., ch. 442, Sec. 3, eff. June 18, 1999.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 612 (H.B. 413), Sec. 1, eff. September 1, 2007.