Tex. Transp. Code Section 391.091
Erection and Maintenance of Signs


(a)

The department shall contract with an individual, firm, group, or association in this state to erect and maintain specific information logo signs and major shopping area guide signs at appropriate locations along an eligible highway.

(b)

The department may enter into a contract under this section by the method that the department determines is the most practical or most advantageous for the state, including competitive bids, competitive sealed proposals, and open market contracts.

(b-1)

A contract under this section shall provide for:

(1)

the assessment of fees to be paid to a contractor by a commercial establishment eligible for display on the specific information logo sign; and

(2)

remittance to the department of at least 10 percent of the fees collected by the contractor.

(c)

The department shall make a written award of a contract to the offeror whose proposal offers the best value for the state. In determining the best value for the state, the department may consider:

(1)

revenue provided to the department by the contractor;

(2)

fees to be charged eligible businesses or agricultural interests for inclusion on the signs;

(3)

the quality of services offered;

(4)

the contractor’s financial resources and ability to perform; and

(5)

any other factor the department considers relevant.

(d)

To the extent of any conflict, this section prevails over any other law relating to the method of the purchasing of goods and services by the department.

(e)

Subtitle D, Title 10, Government Code, and Chapter 223 do not apply to purchases of goods and services under this section.
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. 713, Sec. 2, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 743, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 878 (S.B. 1137), Sec. 7, eff. June 17, 2005.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(100), eff. September 1, 2009.

Source: Section 391.091 — Erection and Maintenance of Signs, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­391.­htm#391.­091 (accessed Jun. 5, 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:
Jun. 5, 2024

§ 391.091’s source at texas​.gov