Texas Protects Political Signs on Private Property

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.

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.