Bandit signs outlawed in Texas !! · Wholesaling Real Estate

Bandit signs outlawed in Texas !!

Texas House Bill 3611 targets unauthorized “bandit signs” in public rights‑of‑way and establishes a clearer, tougher civil penalty scheme with statewide reach starting September 1, 2025. The law defines who can be held liable, requires written notice for a first offense, and escalates fines up to $5,000 for repeat violations.

What it covers

Applies to “signs” placed on the right‑of‑way of a public road unless otherwise authorized by law, covering typical bandit signs on medians, shoulders, sidewalks, and utility strips along roads.
Expands “person” to include business owners and connected parties (employees, agents, independent contractors, assignees, alter egos, successors), broadening who can be held liable beyond whoever physically posts the sign.

Penalties

Civil penalties only (not criminal): enforcement proceeds in civil court by municipal, county, or district attorneys within the relevant jurisdiction.
Escalating fine schedule: up to $1,000\$1{,}000$1,000 for a first violation, $2,500\$2{,}500$2,500 for a second, and $5,000\$5{,}000$5,000 for a third or subsequent violation, replacing the prior range of $500\$500$500–$1,000\$1{,}000$1,000 per violation.
Prospective application: applies to violations occurring on or after September 1, 2025; earlier violations remain governed by prior law.

First‑offense notice and cure

Written notice is required before assessing a civil penalty for the first violation, giving a specified period to remove the sign; if removal doesn’t occur within that period, the first‑tier penalty can be imposed.
This “notice‑and‑cure” aims to provide fairness on the first offense while preserving stronger consequences for ongoing violations.

Who can be held liable

Liability extends to anyone who places the sign, commissions its placement, or whose commercial advertisement appears on the sign—closing the common loophole of claiming a third party posted it without authorization.
The broadened “person” definition captures business entities and their agents/contractors, aligning accountability with those benefiting from the advertising.

Enforcement context and intent

Local governments already ban bandit signs, but enforcement has been inconsistent; HB 3611 standardizes and strengthens tools by setting clear tiers and broad liability coverage.
Legislative intent emphasizes reducing roadside clutter and scams and deterring habitual violators who previously treated fines as a business expense.

Effective date and jurisdiction

Takes effect September 1, 2025, across Texas; municipal, county, or district attorneys may bring suit to collect civil penalties where the placement occurred.
Applies statewide regardless of local ordinances; local ordinances can still coexist, but HB 3611 supplies a uniform state‑level penalty framework.

6 comments