(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.

Terms Used In Texas Election Code 259.003

  • Property: means real and personal property. See Texas Government Code 311.005
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

(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.

  Previous section
Next section  
 Chapter 259 Contents