In Eller Media v. City of Houston, 101 S.W. 3d 668 (Tex. App.--Houston [1st Dist.] 2003, pet. denied), a billboard company argued that a Houston city ordinance prohibiting the construction of new, off-premises billboards failed prong four of the Central Hudson test because the removal of off-premises signs would not make a "significant improvement" in the appearance of Houston given that the ordinance did not address the issue of on-premises signs. Id. at 677.
The Court noted that the government can make different regulations for off-and on-premises signs because there are different considerations behind their functions. Id.
The Court concluded that the City had satisfied the fourth prong of Central Hudson. 101 S.W. 3d at 678.