Texas Administrative Code
Title 43 - TRANSPORTATION
Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 21 - RIGHT OF WAY
Subchapter I - REGULATION OF SIGNS ALONG INTERSTATE AND PRIMARY HIGHWAYS
Division 1 - SIGNS
Section 21.190 - Unlawful Sign

Universal Citation: 43 TX Admin Code § 21.190

Current through Reg. 50, No. 13; March 28, 2025

(a) An unlawful sign is a commercial sign that:

(1) is erected or maintained without obtaining a permit required under § 21.153 of this subchapter (relating to Permit Required);

(2) is not removed after its permit is canceled under § 21.173 of this subchapter (relating to Void Permit) or § 21.174 of this subchapter (relating to Cancellation of a Permit); or

(3) is not erected in compliance with § 21.159 of this subchapter (relating to Decision on Application).

(b) The department will issue a notice by certified mail to the person that the department identifies as being responsible for an unlawful sign. The notice will state:

(1) the reason the sign has been determined to be unlawful; and

(2) the date by which the person is required to obtain a permit for or remove the sign if it is not eligible for a permit.

(c) If the person responsible for the sign does not obtain a permit or remove the sign before the date specified under subsection (b)(2) of this section, the department will:

(1) demand the sign's removal at no cost to the state; and

(2) impose administrative penalties under § 21.191 of this subchapter (relating to Administrative Penalties for Commercial Signs).

(d) If the sign is not removed before the 46th day after the date that the demand is sent under this subsection (c)(1) of this section, the department will seek an injunction for the sign to be removed. The department will rescind the removal demand if the department determines the demand was issued incorrectly.

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