(a) A person commits an offense if the person remains at a rest area for longer than 24 hours or erects a tent, shelter, booth, or structure at the rest area and the person:
(1) has notice while conducting the activity that the activity is prohibited; or
(2) receives notice that the activity is prohibited but does not depart or remove the structure within eight hours after receiving notice.
(b) For purposes of this section, a person:
(1) has notice if a sign stating the prohibited activity and penalty is posted on the premises; or
(2) receives notice if a peace officer orally communicates to the person the prohibited activity and penalty for the offense.
(c) It is an exception to Subsection (a) if a nonprofit organization erects a temporary structure at a rest area to provide food services, food, or beverages to travelers and the Texas Department of Transportation:
(1) finds that the services would constitute a public service for the benefit of the traveling public; and
(2) issues a permit to the organization.
(d) In this section, "rest area" means public real property designated as a rest area, comfort station, picnic area, roadside park, or scenic overlook by the Texas Department of Transportation.