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Texas Election Code - ELEC § 259.003. Regulation of Political Signs by Municipality

Current as of January 01, 2024 | Updated by Findlaw Staff

(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.

(c) Subsection (b) does not apply to a sign, including a billboard, that contains primarily a political message on a temporary basis and that is generally available for rent or purchase to carry commercial advertising or other messages that are not primarily political.

(d) Subsection (b) does not apply to a sign that:

(1) has an effective area greater than 36 feet;

(2) is more than eight feet high;

(3) is illuminated;  or

(4) has any moving elements.

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Cite this article: FindLaw.com - Texas Election Code - ELEC § 259.003. Regulation of Political Signs by Municipality - last updated January 01, 2024 | https://codes.findlaw.com/tx/election-code/elec-sect-259-003/

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