USE OF REST AREA: OFFENSE. (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.