Texas Statewide Rule

Texas Protects Political Signs on Private Property

Few RestrictionsApplies statewide across Texas (2026)

Key Facts

Statute: Election Code 259.003
HOA rule: Election Code Section 259.002
Max sign size: 36 square feet or less
Max height: 8 feet or less
HOA window: 90 days before to 10 days after election

Last verified: September 5, 2026Source: Texas Statutes

Summary

Texas Election Code 259.003 and Election Code Section 259.002 protect political signs on private residential property. Cities cannot regulate compliant signs at any time, and HOAs cannot prohibit them during the pre-election window, subject only to narrow size and safety limits.

Sec. 259.003. REGULATION OF POLITICAL SIGNS BY MUNICIPALITY. (a) In this section, "private real property" does not include real property subject to an easement or other encumbrance that allows a municipality to use the property for a public purpose. (b) A municipal charter provision or ordinance that regulates signs may not, for a sign that contains primarily a political message and that is located on private real property with the consent of the property owner: (1) prohibit the sign from being placed; (2) require a permit or approval of the municipality or impose a fee for the sign to be placed; (3) restrict the size of the sign; or (4) provide for a charge for the removal of a political sign that is greater than the charge for removal of other signs regulated by ordinance.

Source: Texas StatutesView official code

Full Breakdown

Election Code 259.003 prohibits a municipal charter provision or ordinance from regulating a political sign on private real property, displayed with the owner's consent, if the sign is 36 square feet or smaller, 8 feet or shorter, not illuminated, and has no moving elements. That protection is not tied to an election date: it applies year-round. Election Code Section 259.002 separately prevents homeowners associations from prohibiting political signs from the 90th day before an election through the 10th day after, though an HOA may limit owners to one ground-mounted sign per candidate or measure and remove signs that are offensive or unsafe. Local governments may still regulate signs in public rights-of-way and traffic-safety obstructions.

Violations & Penalties

Unconstitutional removal of compliant political signs, fines for compliant displays, or HOA penalties beyond statutory limits can be challenged in court and can expose the city or association to attorney's fees.

Frequently Asked Questions

Can my Texas city make me take down a yard sign for a candidate?

Not if the sign sits on private property with the owner's consent and meets Election Code 259.003 limits: 36 square feet or less, under 8 feet, unlit, no moving parts. Cities can regulate only right-of-way signs and safety hazards.

Can my HOA ban political yard signs in Texas?

No. Election Code Section 259.002 prevents HOAs from prohibiting political signs on a member's lot during the statutory display window. The HOA may set reasonable size, number, and timing rules consistent with state law.

How long can I keep a political sign up in Texas?

HOA protection under Election Code Section 259.002 runs from 90 days before the election through 10 days after. Cities cannot regulate compliant signs on private property at any time under Election Code 259.003.

Sources

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