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 § 391.068 (2026)

Issuance Of Permit

✓ current as of May 2026
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Sec. 391.068. ISSUANCE OF PERMIT. (a) Except as provided by Subsection (d), the commission shall issue a permit to a person with a license issued under this subchapter:

(1) whose license application complies with rules adopted under Section 391.065; and

(2) whose commercial sign, whether owned or leased, if erected would comply with this chapter and rules adopted under Section 391.032(a).

(b) The commission by rule shall prescribe:

(1) a reasonable fee for each permit;

(2) the time for and manner of applying for a permit; and

(3) the form and content of the permit application.

(c) A permit issued to regulate the erection and maintenance of a commercial sign by a political subdivision of this state within that subdivision's jurisdiction shall be accepted in lieu of the permit required by this subchapter if the erection and maintenance of the sign complies with this subchapter and rules adopted under Section 391.032(a).

(d) In addition to the requirements of Subsection (a), if the commercial sign is located within the jurisdiction of a municipality with a population of more than 1.9 million that is exercising its authority to regulate commercial signs, the commission may issue a permit under this section only if the municipality:

(1) has not acted to prohibit new commercial signs within the jurisdiction of the municipality; and

(2) has issued a permit authorizing the commercial sign.

(e) Subsection (d) does not apply to the relocation of a commercial sign to another location if the construction, reconstruction, or expansion of a highway requires the removal of the sign.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1083 (H.B. 2944), Sec. 1, eff. September 1, 2007.

Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 21, eff. June 15, 2017.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2008–2025 · leading case: RTM MEDIA, LLC v. City of Houston, 578 F. Supp. 2d 875 (S.D. Tex. 2008).
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RTM MEDIA, LLC v. City of Houston, 578 F. Supp. 2d 875 (S.D. Tex. 2008). “Tex. Transp. Code § 391.068. 6 . RTM argues, "[a]s the State of Texas, and not the City of Houston, controlled the regulation of signs in the extraterritorial jurisdiction, once the State had issued a permit for the erection of a sign, the City could not nullify that action by…”
KEM Texas, Ltd. v. Texas Dep't of Transp. & Armando Saenz, in His Off. Capacity as Exec. Dir. (Tex. App. 2009). · cites it 2× “Tex. Transp. Code Ann. § 391.068 (a). The legislature’s use of “shall issue a permit .”
KEM Texas, Ltd. v. Texas Dep't of Transp. & Armando Saenz, in His Off. Capacity as Exec. Dir. (Tex. App. 2009). · cites it 2× “Tex. Transp. Code Ann. § 391.068 (a). The legislature's use of " shall issue a permit .”
SignAd, Ltd. v. Texas Dep't of Transp. (Tex. App. 2025). “See Tex. Transp. Code § 391.068(a); 43 Tex. Admin.”
Tex. Transp. Code § 391.068(a): 1 case
SignAd, Ltd. v. Texas Dep't of Transp. (Tex. App. 2025). “See Tex. Transp. Code § 391.068(a); 43 Tex. Admin.”
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