Texas Protects Political Signs on Private Property

Election Code 259.002 prohibits a municipality from enforcing any sign ordinance that restricts a political sign on private real property if the sign is fewer than 36 square feet, less than 8 feet tall, ground-mounted, made of nonilluminated material, has no more than one face per direction, and does not contain roof-mounted moving elements. The protection runs from at least the 90 days before an election through 10 days after. Property Code 202.009 likewise prevents homeowners associations from prohibiting political signs on a member's lot during the same window, though the HOA may impose reasonable size and timing rules. Local governments may regulate signs on public rights-of-way and traffic-safety obstructions.

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.