(a) 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 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.
(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 ballot item.
(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.
(d) A property owners' association may remove a sign displayed in violation of a restrictive covenant permitted by this section.
Added by Acts 2005, 79th Leg., Ch. 1010 (H.B. 873), Sec. 1, eff. June 18, 2005.