Texas Administrative Code
Title 43 - TRANSPORTATION
Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 25 - TRAFFIC OPERATIONS
Subchapter G - INFORMATION LOGO SIGN AND TOURIST-ORIENTED DIRECTIONAL SIGN PROGRAM
Section 25.402 - Information Logo Sign and TOD Sign Program
Current through Reg. 50, No. 13; March 28, 2025
(a) Program. The department may award a contract or contracts to a person, firm, group, or association in the State of Texas, for an initial period not to exceed five years, to develop, operate, and maintain information logo and TOD signs at appropriate locations along eligible highways subject to the terms and conditions of the subsection.
(b) Marketing. In marketing the information logo and TOD sign program, the contractor shall market the program to have maximum statewide implementation under the terms and conditions contained in the program contract.
(c) Site plans. Prior to construction of an information logo sign at an approved location, the contractor must submit a site plan to the department. Upon approval of the site plan, the contractor may begin work at the location described.
(d) Contacting participating businesses. In the first three months of a contract between the department and the contractor, the contractor shall contact all participating businesses with logo or TOD sign panels to:
(e) Cooperation with other contractors. The contractor is required to cooperate with any contractor working on the state highway system as well as any other contractors operating other sign programs within the state. Upon request by a potential lessee, the department, or a member of the public, the contractor will furnish the name, address, and telephone number of other information logo sign or TOD sign contractors.
(f) Annual report. The contractor shall furnish an annual report to the department. The annual report will include the contractor's financial statement, number of logo sign assemblies erected, number of major shopping area guide signs erected, number of TOD sign assemblies and panels erected, and number of participation agreements completed. Other reports may also be required throughout the year as determined by the department.
(g) Program information.
(h) Installation by contractor. Installation of information logo and TOD signs may only be performed by the contractor, a subcontractor approved by the department, or, in emergency situations, by the department. In the event that the department undertakes installation or other duties of the contractor, the contractor shall immediately remit to the department the specified fee or cost of such work.
(i) Department review. Prior to installation, the design and location of information logo and TOD signs must be submitted to the department for review.
(j) Sign relocation or removal. If the department determines that additional regulatory, warning, or guide signing is needed, existing or planned information logo or TOD signs shall be removed or relocated by the contractor as directed by the department and at the sole expense of the contractor. If the department determines that construction or maintenance activities within the eligible highway rights of way will create conditions where existing information logo or TOD signs will not be in compliance with Transportation Code, Chapter 391, or provisions of this title, the contractor shall:
(k) Sign maintenance. The information logo and TOD signs shall be maintained by the contractor in a manner and condition that is a distinct benefit to the safety of the public, benefit to the participating businesses or entities, and to the satisfaction of the department.
(l) Fees. The contractor shall assess a fee covering the installation, annual rental, covering, maintenance, and replacement costs for the signs and shall remit to the department the amount specified in the contract no later than the seventh business day following the last day of the month such fees are received by the contractor.
(m) Termination.
(n) Sale, transfer, and assignment of contract. The contractor shall not sell, transfer, assign, or otherwise dispose of the contract or any portion thereof, or of its right, title, or interest therein, without the prior written consent of the department.