Sign Placement Policy (Open House + Any Real Estate Sign)
- No signs of any kind (open house, directional, for-sale, etc.) may be placed in the public right-of-way, including medians, sidewalks, utility strips, or along any public road. This is illegal under Texas Transportation Code §393.007 (as amended by HB 3611) and carries fines up to $5,000 per sign.
- Signs are permitted ONLY on private property with the owner’s express written or verbal permission.
- Agents are strictly prohibited from using third-party sign companies or independent contractors to place signs in the right-of-way. The broker and the agent will both be held liable.
- Violation of this policy will result in the agent being personally responsible for 100% of any fines, legal costs, and disciplinary action.
Reference to Texas House Bill 3611 (HB 3611)
Texas House Bill 3611, enacted during the 89th Texas Legislature (Regular Session, 2025), amends Section 393.007 of the Texas Transportation Code to prohibit unauthorized advertising signs in public road rights-of-way and expand liability for violations. It became effective on September 1, 2025.
Key Excerpts from the Bill Text
The bill's core language is as follows (paraphrased and quoted from the enrolled version for brevity; full text available at Texas Legislature Online):
- Prohibition (Sec. 393.007(a), as amended): "A person may not place or cause to be placed an advertising sign or cause an advertising sign to be placed in the right-of-way of a road owned or controlled in whole or in part by a governmental entity."
- Expanded Liability (Sec. 393.007(b), new addition): "'Person' means an individual, corporation, limited liability company, or other business entity, including the individual's or entity's employees, agents, independent contractors, business alter egos, and successors in interest."
- Penalties (Sec. 393.007(e)-(f), as amended):
- First violation: Civil penalty not to exceed $1,000 (after notice to remove).
- Second: Not to exceed $2,500.
- Third or subsequent: Not to exceed $5,000.
- Enforcement by district, county, or municipal attorney.
This targets "bandit signs" like open house directionals, closing loopholes for brokers and agents.