Senator Wentworth column Contact Margaret Patterson
For immediate release/September 12, 2008 (210) 826-7800
Homeowners' Associations Are Powerless to Ban Political Yard Signs
by Jeff Wentworth
State Senator, District 25
One of our nation's most historic presidential elections is only weeks away, and campaign signs are cropping up in yards all across
For some homeowners' associations, political signs are about as welcome as crabgrass. While these signs may not be beautiful, they are visible aspects of Texans' right to express their political opinions, and denying homeowners that right is against the law.
Before every primary and general election, Texans contact my office after they have been told to remove a political sign from their yard because it violates their homeowners' associations' covenants.
As November 4, general election day, draws closer, I believe that a review of campaign sign protocol is timely.
In 2003, the Legislature passed House Bill 212, which I sponsored in the Senate. This bill restricts a municipality's right to regulate signs of a political nature that are placed on private property with the owner's consent. Although the bill was signed into law, some homeowners' associations argued that their covenants prohibited Texans' right to display political signs.
In 2005, we passed House Bill 873. It states that homeowners' associations may not prohibit a property owner from displaying a political sign in the form of a sign, poster, flag, or banner except for the protection of public health or safety.
The sign may not violate a local, state or federal law, such as placing it on a telephone pole or a tree in a public right-of-way. The signs may not be any larger than 36 square feet in area, no higher than eight feet and have no moving parts or illumination.
The right to place a political sign carries with it the responsibility to follow the law. Sometimes overzealous campaign workers place signs where they violate city, county, state and/or federal laws.
The Texas Department of Transportation (TxDOT) reminds candidates and campaign workers that it is against the law to place campaign signs in a public right-of-way. This includes trees, telephone poles, traffic signs and other objects in the right-of-way. Placing a sign in a public right-of-way is a Class C misdemeanor. The penalty for violating the law is a fine of up to $500 per sign.
It is legal to place a campaign sign on private property that borders on a state highway if the candidate has the landowner's permission. Signs on highways must be made of lightweight material and may not be larger than 50 square feet or the equivalent of five feet tall and 10 feet wide. All campaign signs should be removed within 10 days after the election.
Candidates and campaign workers with questions about where to place their signs should contact the nearest TxDOT office or access the department's Web site: http://www.txdot.gov/services/right_of_way/campaign_signs.htm.
Also remember that although you may not support your neighbors' candidates, please respect their right to differ.
Expressing an opinion, either verbally or with a sign, is just one of the many rights that free Americans enjoy.
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