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Section 2: Temporary Signs and Banners Not Placed by TxDOT

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Introduction

Signs and overhead banners not placed by the Texas Department of Transportation (TxDOT) are normally considered encroachments on the state right-of-way, except under certain conditions described in this section.

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Authorized Temporary Signs

Special Events and Commercial Entrances. TxDOT may authorize a person or entity to install temporary signs or banners on the highway right-of-way for special events or to identify commercial entrances along a state highway under construction. Such authorized signs are addressed in TAC Title 43 Section 22.15. For procedures and restrictions pertaining to such authorized signs, see the TAC or Chapter 3 of the Use of Right of Way by Others Manual (Maintenance Collection).

Film and Video Productions. A film or video production company operating under an agreement with TxDOT (as described in TAC Title 43, Section 22.13) may place temporary signs to guide their personnel to the production site. For procedures and restrictions pertaining to such signs, see the TAC or Chapter 3, Section 6, of the Use of Right of Way by Others Manual.

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Political Campaign Signs

Sections 391.031(a)(1) and 391.005 of the Texas Transportation Code and 43 TAC Section 21.143(1) provide authority for the installation of political campaign signs when installed at most 90 days prior to an election up until 10 days after an election. During campaign seasons prior to elections, political candidates are interested in placing political campaign signs in high-visibility areas along roadways. TxDOT has developed a brochure that outlines legal and illegal campaign signing. The Government Affairs Division (GAD) distributes the brochure to all primary candidates in statewide, legislative, or congressional races prior to elections. Additional copies of the brochure may be obtained from GAD. Removal of political campaign signs is covered in Chapter 3 of the Use of Right of Way by Others Manual.

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Unauthorized Signs

Unauthorized signs and banners on the state highway right-of-way are addressed in Section 544.006 of Chapter 544 of the Texas Transportation Code.

Procedures for removal of illegal signs can be found in Chapter 3 of the Use of Right of Way by Others Manual.

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