Section 25.405 - Commercial Establishment Eligibility(a) General requirements for specific information logo sign eligibility. To be eligible to have a business logo placed on a specific information logo sign, a commercial establishment must: (1) offer at least one primary motorist service;(2) be located with driveway access to the access road (frontage road), ramp, or intersecting crossroad;(3) be visible, or have on-premise signing visible, from the commercial establishment's driveway access or the exit ramp, access road, crossroad, or intersection (or for an establishment that provides lodging, be visible from an eligible highway or an interchange on an eligible highway and be located on a street that is not more than two turns off the access or frontage road to the eligible highway); and(4) be located not farther than three miles from an interchange on an eligible highway, but if no gas, food, lodging, or camping service participating or willing to participate in the specific information logo sign program is located within three miles of an interchange, the department may approve commercial establishments of the same service: (A) if located not farther than six miles from the interchange;(B) nine miles from the interchange if no service participating or willing to participate is located six miles from the interchange;(C) 12 miles from the interchange if no service participating or willing to participate is located nine miles from the interchange; or(D) 15 miles from the interchange if no service participating or willing to participate is located 12 miles from the interchange;(5) comply with all applicable laws concerning the provisions of public accommodations without regard to race, religion, color, sex, or national origin; and(6) post its hours of operation on or near the main entrance so that they are visible to the public during open and closed hours.(b) Specific services eligibility. In addition to the general requirements for eligibility to have a business logo placed on a specific information logo sign, a commercial establishment must meet the requirements for at least one of the following primary motorist services.(1) Gas. To be eligible to have a business logo placed on a specific information logo sign carrying the legend "GAS," a commercial establishment must provide: (A) vehicle services, including fuel, oil, and water;(B) restroom facilities and drinking water;(C) continuous operation for at least 12 hours per day, seven days a week; and(D) a telephone accessible to the public.(2) Food. To be eligible to have a business logo placed on a specific information logo sign carrying the legend "FOOD," a commercial establishment must provide: (A) a license or other evidence of compliance with public health or sanitation laws, if required by law;(B) continuous operation at least 10 hours a day to serve two meals a day, six days a week;(C) seating capacity for at least 16 people;(D) public restrooms; and(E) a telephone accessible to the public.(3) Lodging. To be eligible to have a business logo placed on a specific information logo sign carrying the legend "LODGING," a commercial establishment must provide: (A) a license or other evidence of compliance with laws regulating facilities providing lodging, if required by law;(B) a minimum of 10 guest rooms each of which provides sleeping accommodations; and(C) a telephone accessible to the public.(4) Camping. To be eligible to have a business logo placed on a specific information logo sign carrying the legend "CAMPING," a commercial establishment must provide: (A) a license or other evidence of compliance with laws regulating camping facilities, if required by law;(B) a facility that is accessible to and capable of accommodating all types of recreational vehicles, travel trailers, campers, and tents;(C) adequate parking accommodations;(E) modern sanitary facilities.(5) Pharmacy. To be eligible to have a business logo placed on a specific information logo sign carrying the legend "24 HOUR Rx," a commercial establishment must: (A) be open for business 24 hours of each day; and(B) provide pharmacy services 24 hours of each day.(c) Multiple services eligibility. If a commercial establishment offers more than one primary motorist service, it will be eligible to display a business logo for each of those services on the appropriate specific information logo sign, provided that: (1) minimum criteria for the service as described in § 25.404 of this subchapter (relating to Specifications for Information Logo Signs) are met;(2) the additional business logo(s) would not prevent participation by another eligible commercial establishment whose sole service would be displaced; and(3) a business logo space is available.(d) Variances. (1) A person may request a variance from the information logo sign program. Requests for variances will only be considered if the existing requirements preclude participation in the program.(2) A variance may be requested for a waiver of:(A) an eligibility requirement except for the requirements listed in subsections (a)(1), (2) (except that an exception may be asked for an intersecting crossroad if the roadway with driveway access Tees into the frontage road of the eligible highway and is easily accessible or visible from that intersection), (5), and (6), and (b) of this section;(B) location of the establishment;(C) placement of the sign; or(D) type of highway, except the highway must be on the state highway system and for logo signs at or near a grade-separated intersection.(3) A person may submit a request for a variance to the department's local district engineer indicating: (A) which requirement of the program it does not meet; and(B) the variance requested.(4) The department may require additional documentation following generally accepted engineering standards, which may include, but not be limited to: (B) maps indicating ramps, major arterials, ingress and egress points, existing signs and distances;(C) traffic flow analysis including traffic counts to and from the commercial establishment or major shopping area;(D) crash data and analysis; and(E) detailed site plan of the commercial establishment or major shopping area, including but not limited to available parking, driveways, and location in reference to eligible highways.(5) The executive director may grant a variance if he or she determines it is feasible to place the sign at the requested location and the sign meets the requirements of the Texas MUTCD; and (A) the variance will substantially promote traffic safety;(B) the variance will substantially improve traffic flow;(C) an overpass, highway sign or other highway structure unduly obstructs the visibility of an existing commercial sign; or(D) the variance is necessary to substantially improve the efficiency and effectiveness of communicating information needed by people to safely and efficiently use the transportation system.(6) The executive director will indicate the reason for granting or denying a variance in writing.43 Tex. Admin. Code § 25.405
The provisions of this §25.405 adopted to be effective November 17, 2005, 30 TexReg 7497; amended to be effective June 19, 2008, 33 TexReg 4685; amended by Texas Register, Volume 40, Number 01, January 2, 2015, TexReg 102, eff. 1/7/2015