AUSTIN - A county does not have the authority to place a sign in a state highway right-of-way without approval of the Texas Department of Transportation or an agreement with the Texas Transportation Commission, Attorney General Ken Paxton opined yesterday.
Back in June, Goliad County Attorney Rob Baiamonte sent an opinion request to the Office of the Attorney General, asking whether Goliad County had the authority to erect signage in a state highway right-of-way under Chapter 394 of the Transportation Code, which regulates outdoor signs on rural roads.
According to the request, shortly after the Goliad County judge declared a local state of disaster on April 21, the county’s sheriff put up signs on U.S. Highway 59, just inside the Bee and Goliad County line.
The signs are in Spanish and warn traffickers to turn around or be put in jail.
According to the request, TxDOT advised the sheriff to remove the signs and then eventually the department removed the signs off the highway.
“Everybody in Texas understands the federal government’s failure to enforce the border between Mexico and the United States,” the request states.
The request further states that it is the county’s position that the signs are erected by a political subdivision and are for the purpose of protection of life and property – two exemptions under Chapter 394.
In his opinion, Paxton found that Chapter 394 does not grant the county authority to place the signs in question and that TxDOT possesses authority concerning signage on state highways under state and federal law.
Opinion No. KP-0399