Tex. Transp. Code Section 391.098
Variances


(a)

The commission shall authorize the director to grant variances, on a case-by-case basis, to the eligibility, location, or placement of specific logo signs and major shopping area guide signs, including the highways along which a sign may be located. The commission may adopt rules prescribing conditions or guidelines the director should or must consider when determining whether to grant a variance.

(b)

The director may grant a variance if the director determines that:

(1)

the variance would promote traffic safety;

(2)

the variance would improve traffic flow;

(3)

an overpass, highway sign, or other highway structure unduly obstructs the visibility of an existing commercial sign; or

(4)

the variance would satisfy other conditions or guidelines prescribed by commission rules authorizing the granting of variances.

(c)

The director may not grant a variance to the requirements of this subchapter regarding supports, content, or composition of signs.

(d)

In this section, “director” means the director or the director’s designee.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 2.04, eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 713, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 878 (S.B. 1137), Sec. 8, eff. June 17, 2005.

Source: Section 391.098 — Variances, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­391.­htm#391.­098 (accessed May 18, 2024).

391.001
Definitions
391.002
Purpose
391.003
Violation of Rule
391.004
Disposition of Fees
391.006
Complaints
391.031
Unlawful Commercial Signs
391.032
Regulation of Commercial Signs in Industrial or Commercial Area
391.033
Acquisition of Commercial Signs by Commission
391.034
Nuisance
391.035
Civil Penalty
391.036
Scope of Commission Responsibility
391.038
Sign Height
391.039
Spacing Requirements in Certain Municipalities
391.061
License for Commercial Signs
391.062
Issuance and Period of License
391.063
License Fee
391.064
Surety Bond
391.065
Rules
391.066
Revocation or Suspension of License
391.067
Permit for Commercial Signs
391.068
Issuance of Permit
391.069
Fee Amounts
391.070
Exceptions for Certain Nonprofit Organizations
391.091
Erection and Maintenance of Signs
391.092
Regulation of Signs Generally
391.093
Eligibility for Display on Sign
391.094
Duty Not to Discriminate
391.095
Placement of Signs
391.096
Disposition of Funds
391.098
Variances
391.099
Tourist-oriented Directional Sign Program
391.121
Prohibited Junkyard
391.122
Authority of Commission to Screen Junkyard
391.123
Rules Relating to Screening of Junkyards
391.124
Compensation to Owner of Junkyard
391.125
Injunction to Require Screening
391.126
Civil Penalty
391.127
Salvage Vehicle Dealer License
391.151
Acquisition for Scenic Enhancement
391.152
Acquisition for Public Accommodation
391.181
Powers and Methods of Acquisition
391.182
State Vouchers and Warrants
391.183
Recording of Instruments
391.184
Disposal of State Real Property
391.211
Applicability of Subchapter
391.212
Regulation of Certain Commercial Signs
391.213
Violation of Rule
391.252
Prohibited Commercial Signs
391.253
Reerection, Reconstruction, Repair, or Rebuilding of Commercial Signs
391.254
Civil Penalty
391.255
Applicability of Subchapter
391.256
Scenic Byways Program
391.0355
Administrative Penalty
391.0381
Violations by Certain Persons of Sign Height Provision: Permit Denial
391.0661
Applicability of License
391.0935
Major Shopping Area Guide Signs

Accessed:
May 18, 2024

§ 391.098’s source at texas​.gov