November 01, 2025

There was already a state law restricting where you can place open house signs. New rules change the penalties.

Existing Texas law already prohibited placing signs on the right-of-way of a public road unless otherwise authorized by law. The right-of-way includes areas like medians, shoulders, telephone poles, and street signs.

House Bill 3611 from the 2025 Texas Legislature updated the rules about when penalties can be assessed and how high fines can go.

Prior to pursuing civil penalties for a first offense, a municipality must now notify the owner in writing and allow an opportunity for the owner to remove the sign. No civil penalty can be assessed for the first offense if the sign owner removes the sign within the allotted time. The specific time for removing the sign is at the discretion of the municipality issuing the notice.

Maximum allowable penalties have increased

Possible civil penalties can now go as high as the following:

• If the sign owner does not remove the sign after notice, $1,000 – first offense
• $2,500 – second offense
• $5,000 – third offense.

Different rules apply to HOAs and private property

If you want to place a sign in a common area that is not in the right-of-way of a public road, you should check with the local municipality or property owners association to confirm whether you may place a sign at the desired location.

When putting signs on private property—such as a homeowner’s front yard or in a retail shopping center—you must first obtain the written consent of the property owner. Failure to do so may violate trespassing laws. Legal distinctions about what is private property and what is the right of way can be complicated. When in doubt, consult an attorney.