The following are exempt from the requirements of this subchapter:
- (1) a sign, the erection and maintenance of which is allowed under the highway beautification provisions of the Transportation Code, Chapter 391;
- (2) a sign in existence before September 1, 1985, that was properly registered and maintains a valid registration under §21.407 of this subchapter (relating to Existing Off-Premise Signs);
- (3) a sign that has as its purpose the protection of life and property;
- (4) a directional or other official sign authorized by law, including a sign pertaining to a natural wonder or scenic or historic attraction;
- (5) a sign or marker giving information about the location of an underground electric transmission line, telegraph or telephone property or facility, pipeline, public sewer, or waterline;
- (6) a sign erected by a governmental entity;
(7) a sign erected solely for and relating to a public election, but only if:
- (A) the sign is on private property;
- (B) the sign is erected after the 91st day before the election and is removed before the 11th day after the election;
- (C) the sign is constructed of lightweight material;
- (D) the surface area of the sign is not larger than 50 square feet; and
- (E) the sign is not visible from the main-traveled way of an interstate or federal-aid primary highway;
- (8) an off-premise directional sign for a small business, as defined by Government Code, §2006.001, that is on private property and is no larger than 50 square feet;
- (9) a sign that is required by the Railroad Commission of Texas at the principal entrance to or on each oil or gas producing property, well, tank, or measuring facility to identify or to locate the property, that is no larger in size than is necessary to comply with the Railroad Commission's regulations, and that has no advertising or information content other than the name or logo of the company and the necessary directions;
- (10) a sign that shows only the name of a ranch on which livestock are raised or a farm on which crops are grown and the directions to, telephone number, or internet address of the ranch or farm and that has a sign face that does not exceed an area of 32 square feet; and
- (11) a sign identifying the name of a recorded subdivision located at an entrance to the subdivision or on property owned by or assigned to the subdivision, home owners association, or other entity associated with the subdivision.
Source Note:The provisions of this §21.405 adopted to be effective July 1, 2011, 36 TexReg 2418.