(a) A person proposing to install equipment under Section 181.102 in the right-of-way of a state highway or a county road shall give notice of the proposal to:
(1) the Texas Department of Transportation if the proposal relates to a state highway; or
(2) the commissioners court of the county if the proposal relates to a county road.
(b) On receipt of the notice, the Texas Department of Transportation or commissioners court may designate the location in the right-of-way where the person may install the equipment, if the equipment is not to be installed on an existing facility.