Sec. 259.003. REGULATION OF POLITICAL SIGNS BY MUNICIPALITY. (a) In this section, "private real property" does not include real property subject to an easement or other encumbrance that allows a municipality to use the property for a public purpose. (b) A municipal charter provision or ordinance that regulates signs may not, for a sign that contains primarily a political message and that is located on private real property with the consent of the property owner: (1) prohibit the sign from being placed; (2) require a permit or approval of the municipality or impose a fee for the sign to be placed; (3) restrict the size of the sign; or (4) provide for a charge for the removal of a political sign that is greater than the charge for removal of other signs regulated by ordinance. (c) Subsection (b) does not apply to a sign, including a billboard, that contains primarily a political message on a temporary basis and that is generally available for rent or purchase to carry commercial advertising or other messages that are not primarily political. (d) Subsection (b) does not apply to a sign that: (1) has an effective area greater than 36 feet; (2) is more than eight feet high; (3) is illuminated; or (4) has any moving elements. Transferred and redesignated from Local Government Code, Section 216.903 by Acts 2019, 86th Leg., R.S., Ch. 824 (H.B. 2554 ), Sec. 4, eff. September 1, 2019.
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