1. (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. (1) consists solely of the name of the establishment;
   2. (2) identifies the establishment's principal product or services; or
   3. (3) advertises the sale or lease of the property on which the sign is located.

2. (b) The department shall approve a request submitted under Subsection (a) if the department:

   1. (1) determines that the sign will not constitute a safety hazard;
   2. (2) determines that the sign will not interfere with the construction, reconstruction, operation, or maintenance of the highway facility; and
   3. (3) obtains the approval of the Federal Highway Administration if approval is required under federal law.
3. (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.
4. (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.

Acts 2007, 80th Leg., R.S., Ch. 612 (H.B. 413), Sec. 1, eff. September 1, 2007.