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Saturday, May 18, 2024

How to Keep Your Campaign Signs Legal


Courtesy Raul Leal,

Do not place campaign signs on or within any public right of way as State law specifically prohibits this. This includes trees, telephone poles, traffic signs, and other objects on the right of way. Signs in violation will be removed by TxDOT employees, a county sheriff, or a constable, depending upon the jurisdiction.

 If you are thinking of placing a sign inside of incorporated city limits, make sure to check with the city because the signs may be subject to a local ordinance.

What you can legally do:

●    Place a campaign sign on private property with the owner’s permission along all highways in Texas.
●    Signs must meet some basic criteria: The signs must be made of lightweight material and can be up to 50 square feet in size. Signs may be placed as early as 90 days before an election, but no earlier. Signs must be removed within 10 days after the election.

Under Texas law, it is a class C misdemeanor to place any sign on a state highway right of way. It is also illegal to place a sign, even off state right of way, along most major federal highways in the state without a license or permit. The fine for violating these laws can be as much as $1,000 per sign per day.

Texas is subject to the Federal Highway Beautification Act of 1965.  Under the federal law, if the state fails to control signage visible from interstate and federal-aid primary highways, Texas may be subject to sanctions of up to 10 percent of the federal apportionment.

In 1972, in response to the Federal Highway Beautification Act of 1965, Texas adopted the Texas Highway Beautification Act.  Both state and federal laws allow specific exemptions for certain types of signage, such as official traffic signs, on-premise advertising or signs advertising property for sale or lease.  The Federal Highway Administration has taken the position that campaign signs are subject to the federal law if they are visible from a controlled highway, even if they are on private
property.

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