code:

Sec. 202.009.  REGULATION OF DISPLAY OF POLITICAL SIGNS.  (a)  Except as otherwise provided by this section, a property owners' association may not enforce or adopt a restrictive covenant that prohibits a property owner from displaying on the owner's property one or more signs advertising a political candidate or ballot item for an election:

(1)  on or after the 90th day before the date of the election to which the sign relates; or

(2)  before the 10th day after that election date.

(b)  This section does not prohibit the enforcement or adoption of a covenant that:

(1)  requires a sign to be ground-mounted; or

(2)  limits a property owner to displaying only one sign for each candidate or ballot item.

(c)  This section does not prohibit the enforcement or adoption of a covenant that prohibits a sign that:

(1)  contains roofing material, siding, paving materials, flora, one or more balloons or lights, or any other similar building, landscaping, or nonstandard decorative component;

(2)  is attached in any way to plant material, a traffic control device, a light, a trailer, a vehicle, or any other existing structure or object;

(3)  includes the painting of architectural surfaces;

(4)  threatens the public health or safety;

(5)  is larger than four feet by six feet;

(6)  violates a law;

(7)  contains language, graphics, or any display that would be offensive to the ordinary person; or

(8)  is accompanied by music or other sounds or by streamers or is otherwise distracting to motorists.

(d)  A property owners' association may remove a sign displayed in violation of a restrictive covenant permitted by this section.


Added by Acts 2005, 79th Leg., Ch. 1010 (H.B. 873), Sec. 1, eff. June 18, 2005.