Smith County's Commissioners Court has adopted a County Roadway Solicitation and Permitting Policy establishing rules and a permit-fee structure for solicitation by pedestrians on county roadways. Texas counties have limited police power outside of road rights-of-way — door-to-door solicitation in unincorporated Smith County is primarily governed by Texas state law (Tex. Bus. & Com. Code Ch. 601 — Home Solicitation Transactions; Tex. Penal Code § 30.05 trespass). The City of Tyler (county seat) and other Smith County cities maintain their own solicitor ordinances.
Smith County maintains a Codification Library of policies regulating business, infrastructure, safety, and roadway use, available at smith-county.com. The Commissioners Court Order establishing rules for solicitation by pedestrians on roadways sets permit-fee amounts and conduct rules for roadway charitable solicitation (e.g., 'fill-the-boot' events). Outside the road rights-of-way, Texas counties (including Smith County) have no general ordinance-making authority to require door-to-door commercial-solicitor permits — that authority is reserved to incorporated cities (Tex. Local Gov't Code Ch. 215). Door-to-door commercial sales in unincorporated Smith County are therefore governed by state law: Tex. Bus. & Com. Code Ch. 601 (3-day right to cancel sales of $25+), Tex. Bus. & Com. Code Ch. 39 (peddler registration), and Tex. Penal Code § 30.05 (criminal trespass — applies once a homeowner posts a sign or asks the solicitor to leave). Tyler (the county seat), Lindale, Whitehouse, and Bullard have their own city solicitor ordinances. Verify permits or report violations to the Smith County Sheriff at 903-566-6600.
Soliciting in county road rights-of-way without the required Commissioners Court permit is a Class C misdemeanor. State-law violations (failing to give 3-day cancellation notice; refusing to leave after notice) may be misdemeanors or civil penalties under the relevant Texas statute.
See how Smith County's solicitor permits rules stack up against other locations.
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