Texas Open House, Yard Sign Law: What Real Estate Agents Need to Know in 2025

by Loc Tran

As a real estate agent, advertising your open houses is critical — but how and where you place your signs just got more serious in Texas. A new update to the state law significantly increases the fines and liability for unauthorized signs in public spaces. Here's what you need to know to stay compliant and avoid costly penalties.

⚖️ What the Current Texas Law Says

According to Texas Transportation Code Chapter 393, it is illegal to place a sign in the public right-of-way unless specifically allowed by law. This includes: Medians, Sidewalks, Road shoulders, Street corners and Utility or light poles

These areas are considered public right-of-way, and placing signs there is subject to civil penalties. Under the current law, which remains in effect until September 1, 2025, violators can be fined up to $1,000 per offense, depending on the circumstances and whether it’s a repeat violation.

📅 What Changes on September 1, 2025

The 89th Texas Legislature passed House Bill 3611, which amends the Transportation Code Section 393.007. These changes take effect on September 1, 2025, and include:

Increased Fines:

1st Violation: Up to $1,000
2nd Violation: Up to $2,500
3rd or more: Up to $5,000

Expanded responsiblitiy to anyone who places the sign, commissions the placement, or benefits from the advertisement on the sign (such as the agent or brokerage) can now be held responsible. This significantly broadens who may be fined.

Written Notice Requirement (1st Offense Only):

Before a fine is issued for the first violation, the local city or county must provide a written notice and allow a certain time frame for the sign to be removed. If the sign is not removed in that time, the fine can be imposed.

🏘️ What About HOAs and Private Yards?

This law applies specifically to public right-of-way areas, not private property. However:

You must still have permission from the property owner before placing a sign in their yard.
Some Homeowners Associations (HOAs) do not allow any signs, even on private lawns, so always check their specific restrictions.
City ordinances may also impose additional rules or permit requirements beyond state law.

💡 What This Means for Agents

The goal of the new law is to cut down on so-called “bandit signs” that clutter roadsides and medians. For real estate agents, this means being extra cautious when planning your open house marketing.

To stay compliant:

Avoid all public rights-of-way. Even one sign on a median or utility pole can trigger a violation.
Get property owner permission before placing signs in yards.
Check HOA rules before posting signs in neighborhoods.
Remove your signs promptly after your event.

Brokerages may also hold agents responsible for any fines that result from unauthorized signs — meaning you could be on the hook for both the personal and office penalty.

To stay compliant, focus your open house advertising on platforms like HAR, MLS, social media, and the listing’s front yard — always with permission. Use directional signs only on private property where you have approval, and never place them on street corners, sidewalks, or medians. Make sure your clients and team understand the legal risks and potential fines so everyone is on the same page.

In summary, Texas law already bans signs in public rights-of-way, and starting September 1, 2025, House Bill 3611 will increase fines up to $5,000 for repeat offenses. Liability will extend to anyone who places, commissions, or benefits from the sign. First-time violators will get a chance to remove the sign after written notice, but future violations won’t get that grace. To stay safe, avoid placing signs without permission — especially near public roads or in HOA communities.

Sources

Texas Transportation Code, Chapter 393 – Regulation of Signs by Political Subdivisions
House Bill 3611, passed by the 89th Texas Legislature (Effective September 1, 2025)
Texas Real Estate Commission (TREC) – Guidelines on sign placement and advertising compliance

Disclaimer: The information and opinions provided in this article are for general informational purposes only and should not be considered investment advice. While efforts have been made to ensure accuracy, Ask Magis Realty and Loc Tran, REALTORS® make no guarantees or warranties, express or implied, about the completeness or reliability of the content. Always perform your own research and consult with a licensed professional before making any real estate or financial decisions. We are not liable for any loss or damage arising from your reliance on the information provided