Two state laws were championed into effect in the last legislative session by a state rep from our area, Patricia Harless. You can read about that and find many details by clicking here to go to a page in this web site.

We now have to work with law enforcement to make sure the law is enforced. Part of that process is up to us if it is to be as successful as it must be. There are more serious crimes we want our law enforcement officers to also address so we need to help them efficiently enforce this new law. In short, we can be their eyes, locate the offenses and make it efficient for them to prepare the facts so the County Attorney and District Attorney's actions are productive.

Ironically what was once praised--removing bandit signs--is now interferring with the process of law. See the notice at the top of this page of how you can be trained to help with the removal and NOT interfer with bringing the advertiser to justice.

This page is provide to you with the best information we have from the enforcement agencies in our area. We also hope to dispell false rumors being spread such as the laws have been found to be "unconstitutional". That is not true. See a recent news report on Channel 13 KTRK by clicking here where someone told the reporter that is why they did not have to comply with the law.

Below are questions we have asked and had others ask us. The answers have been reviewed by the enforcement authorities in our area and based on the current state of them and the County Attorney developing how the law will be enforced and prosecuted. 

Q:  What can I do about signs on private property if I think they are illegal? 
A.  Unless you have permission to go onto the property, you should not.  Some businesses will allow citizens to clean the areas outside their buildings but you should have permission from the landowner, in writing, before picking up any signs.  If you believe the sign is illegal (some may be legal under a list of exceptions), the best approach is to document the sign's location and call an enforcement officer to investigate unless you have been trained and certified by the Constable's office. See training announcement at the top of this page. 

Q:   Are all bandit signs illegal?

A:   Under HB 413 The law applies to those in the public right-of-way (ROW).  Under HB 412 the law applies if the person erects or maintains outdoor advertising, or allows outdoor advertising to be erected or maintained on property owned by the person:  (1) within 660 feet of the nearest edge of a right-of-way if the advertising is visible from the main-traveled way of the interstate or primary system; or (2) outside an urban area if the advertising is located more than 660 feet from the nearest edge of a right-of-way, is visible from the main-traveled way of the interstate or primary system, and is erected for the purpose of having its message seen from the main-traveled way of the interstate or primary system.  

Q:  Are there any exceptions?
A. There are types of signs to which the law does not apply under HB 413.
     1. A temporary directional sign or kiosk erected by a political subdivision as part of a program approved by the department and administered by the political subdivision on a highway within the boundaries of the political subdivision.
     2.  A sign placed in the right-of-way by a public utility or its contractor for purposes of the utility.
     3.  Official government signs (stop signs, traffic signs, etc.)

Q:    What is the right-of-way?
A:    The land the public streets and highways is on is call the rights-of-way--often written "ROW". You can know about where that property line is. It is a safe assumption that the electrical and telephone power poles are just inside the ROW line. If something like a bandit sign is on a stake on the side of the poles away from the street then it is very likely on private property. If it is mounted on the pole then it is in the ROW and the law applies.

Q:    What is the penalty for breaking the law?
A:    The law allows not less than $500 or more than $1,000 per day per sign. As an example; if you have five signs up for five days then the fine could be 5 x 5 x $500 = $12,500 or more.

Q:    I heard that a judge is preventing the City from enforcing the sign law. Does that change what can be done with bandit signs?
A:    That ruling applies to only the City's ordinace and not to the state laws cited above. That ruling does not prevent the enforcement officers from ducumenting the occurance of bandit signs and the County Attorney and District Attorney's office from pursuing action against those accused of breaking the state law.

Q:   I want to take a photo and remove the signs. Is that OK and will the police and courts go after the companies being advertised?
A:    Even if you take a photo before removing the sign you would probably have to go to court to testify about when and where you took the photo as the signs would be gone and the law enforcement officers could not witness or document the offense. Even if the District Attorney choose to pursue the action based on your word and photos the chances are far less they could make the case. The law provides that "The sheriff, constable, or other trained volunteer authorized by the commissioners court may discard a sign of less than $25 in value without giving the notice required by Section 393.003."  We have confirmed with the Constable's office that we will be notified when training for volunteers becomes available.

Q:    What can you do and how can you help now that we have the new laws?
A:    We are told that  the County Attorney and District Attorney's offices are working with the Sheriff's and Constable's office on how the law will be enforced and evidence gathered and turned over for prosecution. Once that process is established then there will be more decisive answers to this question. The answer today is that private citizens should inform the Constable's office when bandit signs are observed in the ROW. See above Question for where the ROW is located. A photo would be fine but law enforcement needs a good location so they (law enforcement) can find them, take photos and collect the evidence.