Tex. Transp. Code Section 391.099
Tourist-oriented Directional Sign Program


(a)

In this section:

(1)

“Eligible facility” means a winery or a business related to agriculture or tourism, including a farm, ranch, or other tourist activity, that:

(A)

derives a major portion of its income or visitors during the normal business season from highway users not residing in the area of the facility;

(B)

complies with state and federal laws relating to:
(i)
provision of public accommodation without regard to race, religion, color, age, sex, or national origin; and
(ii)
licensing and approval of service facilities; and

(C)

is located within the mile limitations established under the Texas Manual on Uniform Traffic Control Devices and the Manual on Uniform Traffic Control Devices issued by the United States Department of Transportation, Federal Highway Administration.

(2)

Repealed by Acts 2007, 80th Leg., R.S., Ch. 935, Sec. 4, eff. June 15, 2007.

(3)

“Tourist-oriented directional sign” means a sign that identifies a particular winery or business related to agriculture or tourism, including a farm, ranch, or other tourist activity, and identifies the type or nature of the winery or business by use of an icon, symbol, or other identifying device.

(4)

“Trailblazing” means placing multiple signs along a route or routes directing the public to a specific location.

(b)

The commission shall administer the tourist-oriented directional sign program created under this section to erect and maintain tourist-oriented directional signs on eligible highways.

(c)

Except as provided by Subsection (f), the commission shall:

(1)

regulate the content, composition, design, placement, erection, and maintenance of tourist-oriented directional signs and supports on eligible highway rights-of-way; and

(2)

adopt rules necessary to administer and enforce this section.

(d)

The commission shall enter into one or more contracts with an individual, firm, group, or association in this state to erect and maintain tourist-oriented directional signs at locations along eligible highways.

(e)

A contract under this section shall provide for:

(1)

the assessment of fees to be paid to a contractor by an eligible facility; and

(2)

remittance to the department of the greater of:

(A)

10 percent of the fees collected by the contractor; or

(B)

an amount sufficient to recover the department’s costs of administering the program.

(f)

The commission may not adopt rules under this section that:

(1)

violate the Texas Manual on Uniform Traffic Control Devices or the Manual on Uniform Traffic Control Devices issued by the United States Department of Transportation, Federal Highway Administration; or

(2)

prohibit an eligible facility from receiving a tourist-oriented directional sign based on trailblazing off of the state highway system.

(g)

The department shall:

(1)

before the 31st day after the date the eligible facility submits an application under this section, notify the facility that:

(A)

the application has been received; and

(B)

the application is complete or that additional information is required to complete the application; and

(2)

approve or disapprove the application:

(A)

before the 61st day after the date the eligible facility submits the application if no additional information is required under Subdivision (1); or

(B)

before the 31st day after the date the eligible facility submits all of the additional information required under Subdivision (1).

(h)

Notwithstanding any other law, an eligible facility may erect a directional sign required by the commission to receive a tourist-oriented directional sign.
Added by Acts 2005, 79th Leg., Ch. 878 (S.B. 1137), Sec. 9, eff. June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 935 (H.B. 3441), Sec. 4, eff. June 15, 2007.

Source: Section 391.099 — Tourist-oriented Directional Sign Program, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­391.­htm#391.­099 (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

§ 391.099’s source at texas​.gov