Texas § 391.038 SIGN HEIGHT.

Texas Statutes

§ 391.038 — SIGN HEIGHT.

Texas § 391.038

Code TNTransportation Code

This text of Texas § 391.038 (SIGN HEIGHT.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Transportation Code Code Ann. § 391.038 (2026).

Text

Sec. 391.038. SIGN HEIGHT.

(a)Except as otherwise provided by this section, a sign may not be higher than 60 feet, excluding a cutout that extends above the rectangular border of the sign, measured:

(1)from the grade level of the centerline of the main-traveled way, not including a frontage road of a controlled access highway, closest to the sign at a point perpendicular to the sign location; or

(2)if the main-traveled way is below grade, from the base of the sign structure. (a-1) Subsection (a) does not apply to a sign regulated by a municipality certified for local control under an agreement with the department as provided by department rule.

(b)A sign existing on March 1, 2017, that was erected before that date may not be higher than 85 feet, excluding a cutout that extends above th

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Sec. 391.038. SIGN HEIGHT. (a) Except as otherwise provided by this section, a sign may not be higher than 60 feet, excluding a cutout that extends above the rectangular border of the sign, measured:
(1) from the grade level of the centerline of the main-traveled way, not including a frontage road of a controlled access highway, closest to the sign at a point perpendicular to the sign location; or
(2) if the main-traveled way is below grade, from the base of the sign structure.
(a-1) Subsection (a) does not apply to a sign regulated by a municipality certified for local control under an agreement with the department as provided by department rule.
(b) A sign existing on March 1, 2017, that was erected before that date may not be higher than 85 feet, excluding a cutout that extends above the rectangular border of the sign, measured:
(1) from the grade level of the centerline of the main-traveled way, not including a frontage road of a controlled access highway, closest to the sign at a point perpendicular to the sign location; or
(2) if the main-traveled way is below grade, from the base of the sign structure.
(c) A person who holds a permit for a sign existing on March 1, 2017, that was erected before that date may rebuild the sign, provided that the sign is rebuilt at the same location where the sign existed on that date at a height that does not exceed the lesser of:
(1) the height of the sign on March 1, 2017; or
(2) 85 feet.
(c-1) Except as provided by Subsection (c-2), before rebuilding a sign under Subsection (c), the person who holds the permit for the sign must obtain a new or amended permit if required by:
(1) a provision of this chapter; or
(2) a rule adopted to implement a provision of this chapter.
(c-2) Subsection (c-1) does not apply to the rebuilding of a sign under Subsection (c) if the person who holds the permit for the sign rebuilds because of damage to the sign caused by:
(1) wind or a natural disaster;
(2) a motor vehicle collision; or
(3) an act of God.

Legislative History

Added by Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312 ), Sec. 43, eff. September 1, 2017. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1211 (S.B. 357 ), Sec. 1, eff. September 1, 2019. Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190 ), Sec. 8, eff. September 1, 2023.