By Jeff Wentworth
State Senator, District 25

With the presidential primary less than 90 days away, political signs are cropping up along Texas roadways faster than wildflowers in spring.

Campaign signs aren’t as beautiful as wildflowers; however, the signs are visible aspects of Texans’ right to express their political opinions.

Because I believe that a person has the right to place a political sign on private property, in 2003 I sponsored House Bill 212 to restrict a municipality’s right to regulate signs of a political nature that are placed on private property with the owner’s consent. The Legislature passed the bill.

As March 4, the day of the Texas primary, draws closer, I believe that a review for campaign sign protocol is timely.

A municipality may not restrict a property owner’s right to place a political sign on private property, nor may the city require a permit or approval for the sign. Municipalities may not impose fees for placing signs as long as they are no larger than 36 square feet in area, no higher than 8 feet and have no moving parts or illumination.

Political signs cannot be in place more than 90 days before an election and must be removed 10 days after an election.

Although the bill we passed in 2003 set standards for displaying political signs in a municipality, some homeowners’ associations continued to prohibit 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 a sign on a telephone pole or a tree in a public right-of-way.

The right to place a political sign carries with it the responsibility to follow the law. Sometimes over zealous campaign workers place signs where they violate city, county, state 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 5 feet tall and 10 feet wide.

Candidates and campaign workers with questions about where to place their signs should contact the nearest TxDOT office.

Sen. Wentworth (R-San Antonio) represents District 25, which includes part of Bexar County. He can be reached via e-mail at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it