Tex. Codes » Transportation Code · TITLE 6. ROADWAYS · SUBTITLE H. HIGHWAY BEAUTIFICATION · CHAPTER 391. HIGHWAY BEAUTIFICATION ON INTERSTATE AND PRIMARY SYSTEMS AND CERTAIN ROADS
Texas Codes

Tex. Transp. Code § 391.001 (2026)

Definitions

✓ current as of May 2026
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Sec. 391.001. DEFINITIONS. In this chapter:

(1) "Automobile graveyard" means an establishment that is maintained, used, or operated for storing, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.

(1-a) "Commercial sign" means a sign that is:

(A) intended to be leased, or for which payment of any type is intended to be or is received, for the display of any good, service, brand, slogan, message, product, or company, except that the term does not include a sign that is leased to a business entity and located on the same property on which the business is located; or

(B) located on property owned or leased for the primary purpose of displaying a sign.

(2) "Eligible highway" means a highway along which an information logo sign may be located as determined by the commission under Section 391.092(d).

(3) Repealed by Acts 2007, 80th Leg., R.S., Ch. 935, Sec. 4, eff.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

(4) "Information logo sign" means a specific information logo sign or a major shopping area guide sign.

(5) "Interstate system" means that portion of the national system of interstate and defense highways that is located in this state and is designated officially by the commission and approved under Title 23, United States Code.

(6) "Junk" means:

(A) old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, or waste;

(B) junked, dismantled, or wrecked automobiles or automobile parts; or

(C) iron, steel, and other old or scrap ferrous or nonferrous material.

(7) "Junkyard" means:

(A) an automobile graveyard;

(B) an establishment maintained, used, or operated for storing, buying, or selling junk or processing scrap metal; or

(C) a garbage dump or sanitary fill.

(8) Repealed by Acts 2007, 80th Leg., R.S., Ch. 935, Sec. 4, eff.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

(9) "Major shopping area guide sign" means a rectangular guide sign panel imprinted with the name of a major shopping area eligible to have its name displayed as determined by the commission under Section 391.0935 and containing directional information to the major shopping area.

(10) Repealed by Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 33(1), eff. June 15, 2017.

(11) "Primary system" means that portion of connected main highways located in this state that is designated officially by the commission and approved under Title 23, United States Code.

(11-a) "Sign" means any structure, display, light, device, figure, painting, drawing, message, plaque, placard, poster, billboard, logo, or symbol that is designed, intended, or used to advertise or inform.

(12) "Specific information logo sign" means a rectangular sign imprinted with the words "GAS," "FOOD," "LODGING," "CAMPING," or "24 HOUR Rx," or with a combination of those words, and the specific brand names of commercial establishments offering those services.

(13) "Urban area" means an area defined by the commission in cooperation with local officials, subject to approval by the secretary of the United States Department of Transportation, that as a minimum includes an urban place as designated by the United States Bureau of the Census having a population of 5,000 or more and not located within an urbanized area.

(14) "Urbanized area" means an area defined by the commission in cooperation with local officials, subject to approval by the secretary of the United States Department of Transportation, that as a minimum includes an urbanized area as defined by the United States Bureau of the Census or that part of a multistate urbanized area located in this state.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.22(a), eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 602, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 743, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 935 (H.B. 3441), Sec. 1, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch. 935 (H.B. 3441), Sec. 4, eff. June 15, 2007.

Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 2, eff. June 15, 2017.

Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 33(1), eff. June 15, 2017.

Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 2001–2025 · leading case: Texas Dep't of Transp. v. Barber, 111 S.W.3d 86 (Tex. 2003).
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Texas Dep't of Transp. v. Barber, 111 S.W.3d 86 (Tex. 2003). · cites it 6× “[71] Tex. Trans. Code § 391.031(b). [72] Id. § 391.”
Auspro Enter., LP v. Texas Dep't of Transp., 506 S.W.3d 688 (Tex. App. 2016). · cites it 2× “The Act's definition of "outdoor advertising” is so broadly worded that it plainly encompasses both commercial and noncommercial content; “ ‘Outdoor advertising' means an outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, billboard, or…”
Barber v. Texas Dep't of Transp., 49 S.W.3d 12 (Tex. App. 2001). · cites it 2× “Tex. Transp. Code Ann. §§ 391.001 -.21S (West 1999 ⅞ Supp.”
Auspro Enter., LP v. Texas Dep't of Transp. (Tex. App. 2016). · cites it 2× “The remedy, however, directly implicates commercial-speech considerations because it invalidates Subchapters B and C of the Texas Highway Beautification Act (the “Act”), Tex. Transp. Code §§ 391.001–430.001, and related regulations entirely, even as applied to commercial speech.”
SignAd, Ltd. v. Texas Dep't of Transp. (Tex. App. 2025). · cites it 2× “10 Tex. Transp. Code § 391.001 .............”
Pat Barber v. Texas Dep't of Transp. Charles W. Heald, P.E., Exec. Dir. of the Texas Dep't of Transp., in His Off. Capacity John P. Campbell, P.E., Dir., Right-Of-Way Div., Texas Dep't of Transp., in His Offici (Tex. App. 2001). · cites it 3× “Tex. Transp. Code Ann. §§ 391.001 -.213 (West 1999 & Supp.”
Auspro Enter., LP v. Texas Dep't of Transp. (Tex. App. 2015). · cites it 2× “27, 41 TEX. TRANSP. CODE § 391.001(10)..........”
Auspro Enter., LP v. Texas Dep't of Transp. (Tex. App. 2015). · cites it 2× “6 TEX. TRANSP. CODE §391.001 ..............”
Lamar Advantage Outdoor Co., L.P. v. Texas Dep't of Transp. James M. Bass, in His Off. Capacity as Exec. Dir. of the Texas Dep't of Transp. & Gus E. Cannon, in His Off. Capacity as the Dir. of the Right of Way Div. of the Texas Dep't of Transp. (Tex. App. 2022). “Tex. Transp. Code § 391.001 et seq. The Texas act declares that a 2 commercial sign erected in non-compliance with its provisions “endangers the health, safety, welfare, morals, and enjoyment of the traveling public and the protection of the public investment in the interstate…”
John Gannon, Inc. v. Texas Dep't of Transp. (Tex. App. 2024). “2 See TEX. TRANSP. CODE §§ 391.001–.256; see 2 The Legislature enacted the Texas Highway Beautification Act in response to the Federal Highway Beautification Act, which became law in 1965.”
KEM Texas, Ltd. v. Texas Dep't of Transp. & Armando Saenz, in His Off. Capacity as Exec. Dir. (Tex. App. 2009). “” Tex. Transp. Code Ann. § 391.001 (10) (West Supp.”
KEM Texas, Ltd. v. Texas Dep't of Transp. & Armando Saenz, in His Off. Capacity as Exec. Dir. (Tex. App. 2009). “" Tex. Transp. Code Ann. § 391.001 (10) (West Supp.”
Tex. Transp. Code § 391.001(10): 4 cases
Texas Dep't of Transp. v. Barber, 111 S.W.3d 86 (Tex. 2003). “[71] Tex. Trans. Code § 391.031(b). [72] Id. § 391.”
Auspro Enter., LP v. Texas Dep't of Transp., 506 S.W.3d 688 (Tex. App. 2016). “The Act's definition of "outdoor advertising” is so broadly worded that it plainly encompasses both commercial and noncommercial content; “ ‘Outdoor advertising' means an outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, billboard, or…”
Auspro Enter., LP v. Texas Dep't of Transp. (Tex. App. 2015). “27, 41 TEX. TRANSP. CODE § 391.001(10)..........”
Auspro Enter., LP v. Texas Dep't of Transp. (Tex. App. 2016). “The remedy, however, directly implicates commercial-speech considerations because it invalidates Subchapters B and C of the Texas Highway Beautification Act (the “Act”), Tex. Transp. Code §§ 391.001–430.001, and related regulations entirely, even as applied to commercial speech.”
Tex. Transp. Code § 391.001(12): 1 case
Auspro Enter., LP v. Texas Dep't of Transp. (Tex. App. 2015). “6 TEX. TRANSP. CODE §391.001 ..............”
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