(a) The commission shall issue a permit to a person:
(1) whose application complies with commission rule;
(2) whose sign, if erected, would comply with the requirements of this chapter; and
(3) who, if the off-premise sign is located within the jurisdiction of a municipality with a population of more than 1.9 million that is exercising its authority to regulate off-premise signs, has obtained a permit for the off-premise sign.
(b) Subsection (a)(3) does not apply to the relocation of an off-premise sign to another location if the construction, reconstruction, or expansion of a highway requires the removal of the off-premise sign.