Bill Text: TX HB2554 | 2019-2020 | 86th Legislature | Enrolled

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Bill Title: Relating to regulation of the display of signs containing political advertising.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB2554 Detail]

Download: Texas-2019-HB2554-Enrolled.html

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H.B. No. 2554

AN ACT
relating to regulation of the display of signs containing political
advertising.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 15, Election Code, is amended by adding
Chapter 259, and a heading is added to that chapter to read as
follows:
CHAPTER 259. POLITICAL SIGNS
SECTION 2. Section 255.007, Election Code, is transferred
to Chapter 259, Election Code, as added by this Act, and
redesignated as Section 259.001, Election Code, to read as follows:
Sec. 259.001 [255.007]. NOTICE REQUIREMENT ON POLITICAL
ADVERTISING SIGNS. (a) The following notice must be written on
each political advertising sign:
"NOTICE: IT IS A VIOLATION OF STATE LAW (CHAPTERS 392 AND
393, TRANSPORTATION CODE), TO PLACE THIS SIGN IN THE RIGHT-OF-WAY
OF A HIGHWAY."
(b) A person commits an offense if the person:
(1) knowingly enters into a contract to print or make a
political advertising sign that does not contain the notice
required by Subsection (a); or
(2) instructs another person to place a political
advertising sign that does not contain the notice required by
Subsection (a).
(c) An offense under this section is a Class C misdemeanor.
(d) It is an exception to the application of Subsection (b)
that the political advertising sign was printed or made before
September 1, 1997, and complied with Subsection (a) as it existed
immediately before that date.
(e) In this section, "political advertising sign" means a
written form of political advertising designed to be seen from a
road but does not include a bumper sticker.
SECTION 3. Section 202.009, Property Code, is transferred
to Chapter 259, Election Code, as added by this Act, redesignated as
Section 259.002, Election Code, and amended to read as follows:
Sec. 259.002 [202.009]. REGULATION OF DISPLAY OF
POLITICAL SIGNS BY PROPERTY OWNERS' ASSOCIATION. (a) In this
section, "property owners' association" has the meaning assigned by
Section 202.001, Property Code.
(b) 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
measure [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.
(c) [(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 measure [ballot item].
(d) [(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.
(e) [(d)] A property owners' association may remove a sign
displayed in violation of a restrictive covenant permitted by this
section.
SECTION 4. Section 216.903, Local Government Code, is
transferred to Chapter 259, Election Code, as added by this Act, and
redesignated as Section 259.003, Election Code, to read as follows:
Sec. 259.003 [216.903]. 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.
SECTION 5. Section 255.001(c), Election Code, is amended to
read as follows:
(c) A person may not knowingly use, cause or permit to be
used, or continue to use any published, distributed, or broadcast
political advertising containing express advocacy that the person
knows does not include the disclosure required by Subsection (a). A
person is presumed to know that the use of political advertising is
prohibited by this subsection if the commission notifies the person
in writing that the use is prohibited. A person who learns that
political advertising signs, as defined by Section 259.001
[255.007], that have been distributed do not include the disclosure
required by Subsection (a) or include a disclosure that does not
comply with Subsection (a) does not commit a continuing violation
of this subsection if the person makes a good faith attempt to
remove or correct those signs. A person who learns that printed
political advertising other than a political advertising sign that
has been distributed does not include the disclosure required by
Subsection (a) or includes a disclosure that does not comply with
Subsection (a) is not required to attempt to recover the political
advertising and does not commit a continuing violation of this
subsection as to any previously distributed political advertising.
SECTION 6. Section 571.1211(2), Government Code, is amended
to read as follows:
(2) "Category One violation" means a violation of a
law within jurisdiction of the commission as to which it is
generally not difficult to ascertain whether the violation occurred
or did not occur, including:
(A) the failure by a person required to file a
statement or report to:
(i) file the required statement or report
in a manner that complies with applicable requirements; or
(ii) timely file the required statement or
report;
(B) a violation of Section 255.001, Election
Code;
(C) a misrepresentation in political advertising
or a campaign communication relating to the office held by a person
in violation of Section 255.006, Election Code;
(D) a failure to include in any written political
advertising intended to be seen from a road the right-of-way notice
in violation of Section 259.001 [255.007], Election Code; or
(E) a failure to timely respond to a written
notice under Section 571.123(b).
SECTION 7. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2554 was passed by the House on May
10, 2019, by the following vote: Yeas 141, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2554 was passed by the Senate on May
22, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor