Political sign laws in Texas start from a simple rule: under Election Code Chapter 259, neither cities nor homeowners associations can ban political signs on private property. That protection has real limits, though. Signs have to stay within specific size and design thresholds, they cannot sit on public right-of-way, and HOAs only lose their power to restrict signs during a defined window around an election. Getting a detail wrong can mean an immediate confiscation, a fine, or a lost sign you have to pay to get back.
What You Can Display on Your Own Property
Texas Election Code Section 259.003 prevents a city from prohibiting political signs on private real property when the owner consents.1State of Texas. Texas Election Code 259.003 – Regulation of Political Signs by Municipality A city ordinance cannot require a permit, charge a placement fee, or dictate the size of a qualifying political sign. Cities also cannot charge more to remove a political sign than they charge to remove any other regulated sign.
There is no state-level timing restriction on displaying a political sign on your own property under Section 259.003. The 90-day window that gets discussed so often applies to HOA communities only. If your property is not covered by HOA covenants, you can display a political sign year-round, provided it stays within the size and design limits below.
One catch on the definition. “Private real property” excludes land covered by an easement that lets a city use the property for a public purpose. If part of your yard sits inside a public-use easement, the city can still regulate signs in that strip.
Renters need the landlord’s written consent before putting up a sign. The Election Code protection turns on the property owner’s permission, so a landlord who objects can require removal regardless of what a city can or cannot do.
Size and Design Limits
The protections in Section 259.003 only apply to signs that stay within these bounds. A sign loses its state-law shield if it:
- Exceeds 36 square feet in effective area (roughly a 6-by-6-foot sign)
- Stands taller than 8 feet
- Is illuminated
- Has moving parts
Cross any of those lines and a city can regulate the sign like any other, including permit requirements, size restrictions, and outright prohibition.1State of Texas. Texas Election Code 259.003 – Regulation of Political Signs by Municipality Typical residential yard signs (18 by 24 inches, or 4 by 8 feet at the larger end) clear these limits easily. The thresholds matter mainly for oversized banners or electronic displays.
The protections also do not extend to commercial billboards that happen to carry a political message. A structure generally available for rent or purchase to carry commercial advertising is treated as a billboard, not a yard sign, even when the current message is political.1State of Texas. Texas Election Code 259.003 – Regulation of Political Signs by Municipality
Where Signs Cannot Go
Public property is off-limits. Placing a political sign on a state highway right-of-way violates Texas Transportation Code Chapters 392 and 393, and TxDOT can remove those signs immediately without any advance notice.2Texas Department of Transportation. Illegal Signs on the Right of Way
Every political sign in Texas is actually required by Election Code Section 259.001 to carry a printed notice: “NOTICE: IT IS A VIOLATION OF STATE LAW (CHAPTERS 392 AND 393, TRANSPORTATION CODE), TO PLACE THIS SIGN IN THE RIGHT OF WAY OF A HIGHWAY.” A sign without that text is technically non-compliant no matter where you place it.
The right-of-way boundary is rarely obvious. It usually extends well beyond the pavement edge and can include sidewalks, drainage ditches, utility poles, and planting strips. A practical rule of thumb: if the area is mowed by the city or contains utility infrastructure like power poles and fire hydrants, it is probably within the right-of-way.
Cities enforce parallel rules on local public property. Houston prohibits posting signs on utility poles, traffic signs, fire hydrants, streetlight poles, and any structure on public streets, sidewalks, or easements.3City of Houston. Sign Code Austin bans signs in medians, at intersection corners, on traffic islands, and in the strip between the street and the sidewalk or utility poles.4City of Austin. Campaign Sign Regulations Most other Texas cities have comparable restrictions.
HOA Rules and the 90-Day Window
An HOA cannot enforce or adopt a covenant that prohibits a property owner from displaying political signs during a protected window running from 90 days before an election through 10 days after election day.5State of Texas. Texas Election Code 259.002 – Regulation of Display of Political Signs by Property Owners Association The window covers general elections, primaries, runoffs, and special elections. If a local election falls on May 3, the window opens on February 2.
Outside that window, HOAs have broader authority. A covenant that restricts political signs during non-election periods is not automatically preempted by the Election Code, though enforcement varies from one association to the next.
Even inside the 90-day window, HOAs keep some control. They can set reasonable rules about where on the property a sign goes, how many signs you display, and what materials you use. What they cannot do is ban political signs altogether during the protected period.
Fines and Your Options If You Disagree
An HOA that is authorized by its governing documents to levy fines must first adopt a written enforcement policy, including a schedule of fines and information about the homeowner’s right to a hearing.6State of Texas. Texas Property Code 209.0061 – Association Policy Fines An HOA cannot simply issue a fine without following that process. A fine for displaying a political sign during the protected 90-day window is challengeable, because the restrictive covenant is unenforceable during that period.
A common misconception is that the Texas Real Estate Commission handles HOA disputes. TREC has stated it does not have regulatory authority over HOAs and does not handle these disputes.7Texas Real Estate Commission. TREC’s Role in HOA Management Certificates No Texas state agency regulates HOAs directly. If your HOA is overstepping on political signs, the realistic options are negotiating with the board or consulting a private attorney.
Required Disclaimer on Candidate Signs
If your sign expressly advocates for a candidate, Texas Election Code Section 255.001 requires two things on the sign itself: a label identifying it as political advertising, and the full name of the person or committee that paid for it.8State of Texas. Texas Election Code 255.001 – Requirements for Political Advertising This is the familiar “Paid for by…” line on campaign materials.
Yard signs are not specifically exempted, so include the disclosure when the sign advocates for a candidate. Signs expressing a general political opinion without advocating for a specific candidate or ballot measure may not trigger the requirement, but the safer practice is to include the disclosure whenever the message is election-related.
If a Sign Is Removed, Confiscated, or Stolen
TxDOT Confiscations
TxDOT removes political signs from highway right-of-way immediately and without prior notice, then holds them for 10 days. During that window, the owner can reclaim a sign after paying removal costs, calculated from TxDOT’s average cost per sign plus an overhead percentage.2Texas Department of Transportation. Illegal Signs on the Right of Way After 10 days, unclaimed signs may be disposed of. If an owner claims a sign but does not pay, TxDOT may refer the debt to the Attorney General for collection.
City Enforcement
Most Texas cities empower code enforcement officers to remove signs from public property. Houston and Austin both actively enforce these rules. Fines for placing signs on public property vary by city and can range into the hundreds of dollars per violation, with higher penalties for repeat offenders. Enforcement often ramps up during election season.
Signs Stolen or Damaged on Private Property
Removing or damaging someone else’s lawfully placed political sign can bring criminal charges. Texas Penal Code Section 28.03 covers criminal mischief, which includes intentionally damaging or destroying another person’s property without consent.9State of Texas. Texas Penal Code 28.03 – Criminal Mischief The penalty tier depends on the value of the damage:
- Less than $100 in damage: Class C misdemeanor (fine only, no jail)
- $100 to $749: Class B misdemeanor (up to 180 days in jail)
- $750 to $2,499: Class A misdemeanor (up to one year in jail)
A single yard sign is usually worth well under $100, which puts most sign-theft cases in the Class C range. Multiple signs from different properties can push the total higher. The sign owner can also pursue a civil claim for replacement costs.
Before You Plant a Sign
- Print the statutory right-of-way notice on every sign, regardless of where you plan to place it.
- Add the “Paid for by” line with the name of the person or committee responsible if the sign advocates for a candidate.
- Set the sign well back from the road. If you are near a sidewalk, utility pole, or drainage ditch, you are probably too close.
- In an HOA community, put signs up on or after the 90th day before election day to avoid a fine you would have to fight.
- Keep signs under 36 square feet and 8 feet tall, unlit, and without moving parts, so state-law protections against city regulation still apply.
- Photograph your signs and keep receipts. Both help support a police report and a civil claim if signs are stolen or vandalized.