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FACT BRIEF

Does Texas law protect political yard signs on private property within homeowners associations?

By Brandy Ruiz
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YES

Texas Election Code does not allow property owner associations to enforce or adopt rules that prohibit political yard signs on owner’s property within certain covenants.

Property owners’ associations cannot prohibit political yard signs from being displayed up to 90 days before and nine days after an election date, the code states.

The code allows associations to require signs to meet certain size and placement restrictions, limit the number of signs that can be displayed, or restrict those that contain offensive content. The associations can remove signs that are in violation of its rules, according to the code.

Municipal governments in Texas also may not prohibit a sign from being placed, require a permit, fees or approval, or restrict their size.

Political yard signs are federally protected under the First Amendment and were recognized as “communication that is both unique and important” in a 1993 U.S. Supreme Court decision.

This fact brief is responsive to conversations such as this one.
Sources
State of Texas ELECTION CODE CHAPTER 259. POLITICAL SIGNS
ACLU Pennsylvania Hands Off My Lawn Sign! What to Know if the Government Tells You to Remove Signs From Your Property
Oyez City of Ladue v. Gilleo (1993)
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El Paso Matters
El Paso Matters is a member-supported nonpartisan media organization that uses journalism to expand civic capacity in our region. We inform and engage with people in El Paso, Ciudad Juárez and neighboring communities to create solutions-driven conversations about complex issues shaping our region.
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About fact briefs published on Gigafact
Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.