OPINION # M-655 HAS BEEN WITHDRAWN.
26 , 1970
Honorable Alex Tandy Opinion NO. M-655
County Attorney
Parker County RE: Whether certain proposed
Weatherford, Texas 76086 traffic control signs
violate Art. 6701(d),
Sec. 36(a), Vernon's
Dear Mr. Tandy: Civil Statutes.
You have requested the opinion of this office as to
the applicability of Article 67016, Section 36(a)* to the
proposed erection of certain signs depicting a silhouette
of a child bouncing a ball and bearing a cautionary legend
such as - "SLOW, Children" - or - "Children's Area" - and
additionally bearing at the bottom thereof the name of a
commercial sponsor. You have further indicated that such
signs will otherwise conform to national highway standards
and will be placed near public streets and roads pursuant
to regulatory authority of either the appropriate city
council or commissioners court.
Article 6701d, Section 36 reads as follows:
36 "(a) No person shall place, maintain, or
display upon or in view of any highway any
unauthorized sign, signal, marking, or device
which purports to be or is an imitation of
or resembles an official traffic-control
device or railroad sign or signal, or which
attempts to direct the movement of traffic,
or which hides from view or interferes with
the effectiveness of any official traffic-
control device or any railroad sign or signal,
and no person shall place or maintain nor
shall any public authority permit upon any
highway any traffic sign or signal bearing
thereon any commercial advertising. This
shall not be deemed to prohibit the erection ~-,
upon private property adjacent to highways
l All references to Articles are to Vernon's Civil
Statutes.
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Honorable Alex Tandy, Page 2, (M-655 )
of signs giving useful directional informa-
tion and of a type that cannot be mistaken
for official signs.
"(b) Every such prohibited sign, signal,
or marking is hereby declared to be a public
nuisance and the authority having juris-
diction over the highway is hereby
empowered to remove the same or cause
it to be removed without notice.”
Article 6674a, in its relevant portion, defines "highway"
as follows:
"The term 'highway' . . . shall include
any public road or thoroughfare or section
thereof . . ."
Article 6701d, Section 18(a) defines official Traffic-
Control Devices as follows:
"~11 signs, signals, markings, and devices
not inconsistent with this Act placed or
erected by authority of a public body or
official having jurisdiction, for the pur-
pose of regulating, warning, or guiding
traffic." (emphasis added).
Although a search of "Texas Manual on Uniform Traffic
Control Devices for Streets and Highways" Volume 1 (Signs,
Markings, Barricades) published officially by the Texas High-
way Department, Division of Maintenance Operations, Austin,
Texas, does not reveal either of the described signs to be
an authorized traffic control device, the only purpose we
can conceive for the erection and maintenance of the type
sign under consideration is for "regulating, warning, or
guiding traffic n (emphasis added). Hence we hold that same
is a traffic control device as defined in Article 6701d,
Section 18(a), supra.
Since the first portion of Section 36(a), supra, states,
inter alia, "No person shall place, maintain, or display upon
or in view of any highway any unauthorized sign . . . which
attempts to direct the movement of traffic . . '", it is our
opinion that the firm offering the described signs cannot
install said signs except insofar as it may draw authority
from the public body having jurisdiction over such highway.
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Honorable Alex Tandy, Page 3, (M- 655 1
And since
the second portion of Section 36(a), supra,
states, inter
alia, I. . . nor shall any public authority
permit upon any highway any traffic sign . . . bearing
thereon any commercial advertising.', it is our opinion
that neither a city council nor a commissioners court can
authorize same. In this connection your attention is called
to Article 6701d, Section 26, which reads:
"The provisions of this Act shall be appli-
cable and uniform throughout this state and
in all political subdivisions and municipal-
ities therein and no local authority shall
enact or enforce any ordinance, rule, or
regulation in conflict with the provisions
of this Act unless expressly authorized
herein. . . .II
Our research reveals no authorization for derogation from
Article 6701d, Section 36(a) by local authorities.
SUMMARY
Neither traffic control warning signs, nor
signs imitating or resembling traffic control
signs, and bearing commercial advertising, may
be erected upon or in view of public streets,
roads or highways.
Very,Zuly yours,
&i%AWFQ#D C. MARTIN
Attorney General of Texas
i
Prepared by Howard M. Fender
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
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Honorable Alex Tandy, Page 4, (M- 655 )
Monroe Clayton
Ray McGregor
Gordon Casr
Marvin Sante11
MEADE F. GRIFFIN
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant Attorney General
.
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