SECTION 12.304. Program Acknowledgement Plaques

(a) To acknowledge a donation to the department for the program, the department may allow during the period of the related sponsorship agreement the installation of an acknowledgment plaque below a general service sign for the program that is in the state highway right of way.

(b) An acknowledgment plaque is intended only to inform the traveling public that a donation to the program has been provided and is not intended to provide advertisement.

(c) The size of an acknowledgment plaque may not exceed the lessor of one-third of the area of the general service sign below which it is mounted or 24 square feet, except as provided by this subsection. If, because of a special allowance provided in the Texas MUTCD, the area of the general service sign below which the acknowledgment plaque is mounted exceeds the largest size generally prescribed in the Texas MUTCD for that type of sign, the acknowledgement plaque may not exceed the lessor of one-third of the area generally prescribed in the Texas MUTCD for that type of sign or 24 square feet.

(d) The acknowledgment plaque may contain the donor's registered business name or logo but may not contain the donor's telephone number, address, or website address.

(e) Each acknowledgment plaque must be approved by the department and must comply with state laws prohibiting discrimination based on race, religion, color, age, sex, or national origin, and any other applicable law regarding sign restrictions.

(f) The department will include in any contract entered into under this subchapter the authority to terminate the right to install an acknowledgment plaque if the use of the plaque raises any safety concerns or interferes with the free and safe flow of traffic, or if the department determines that acknowledging the donation is not in the public interest.

Source Note: The provisions of this §12.304 adopted to be effective December 6, 2012, 37 TexReg 9528