Regular Session
Government Affairs & Regulatory Compliance Analysis
HB3611 establishes strict vicarious liability for advertisers regarding signs placed in the public right-of-way (ROW), effectively eliminating the "rogue vendor" defense. Advertisers in real estate, retail, and home services now face tiered civil penalties of up to $5,000 per violation, with liability extending to actions taken by employees, contractors, and agents.
Rep. Pat Curry·House Bill·Regular Session
County Attorneys • District Attorneys • Municipal Attorneys
JD Key Consulting provides strategic guidance on Texas regulatory compliance and legislative impact for your business.
Key implementation requirements and action items for compliance with this legislation
Amend Master Services Agreements (MSAs) with all marketing and signage vendors immediately. Insert indemnification clauses specifically covering HB3611 civil penalties and legal costs. Include a "Right of Offset" to deduct penalties directly from vendor invoices.
Designate a "Rapid Removal" point of contact responsible for clearing signs within 24 hours of notice. Train marketing staff and vendors on visual identification of ROW boundaries (e.g., utility poles, sidewalk setbacks) to prevent encroachment.
Establish a centralized "Violation Log." The law provides a "notice and cure" period only for the *first* violation. You must track warnings received across all jurisdictions; a second offense (even in a different county) may trigger immediate penalties without warning.
No new filing fees. However, standard General Liability and E&O insurance policies typically exclude civil penalties. Fines ($1,000–$5,000 per sign) will impact the operating budget directly.
JD Key Consulting specializes in Texas regulatory compliance strategy. Work directly with James Dickey—former Chairman of the Republican Party of Texas—to understand this bill's impact on your operations and develop an actionable compliance plan.
Schedule a ConsultationInformation presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.
This bill's path through the Texas Legislature
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Common questions about HB3611
HB3611 establishes strict vicarious liability for advertisers regarding signs placed in the public right-of-way (ROW), effectively eliminating the "rogue vendor" defense. Advertisers in real estate, retail, and home services now face tiered civil penalties of up to $5,000 per violation, with liability extending to actions taken by employees, contractors, and agents.
HB3611 was authored by Texas Representative Pat Curry during the Regular Session.
HB3611 was signed into law by Governor Greg Abbott on May 29, 2025.
HB3611 is enforced by County Attorneys, District Attorneys and Municipal Attorneys.
The regulatory priority for HB3611 is rated as "moderate". Businesses and organizations should review the legislation to understand potential impacts.
The cost impact of HB3611 is estimated as "low". This may vary based on industry and implementation requirements.
HB3611 addresses topics including civil remedies & liabilities, highways, advertising and signs.
Key dates for HB3611: Effective date is 2025-05-29. Consult with legal counsel regarding applicability.
HB3611 establishes the following penalties: civil penalty of Up to $1,000 for 1st Violation: Unauthorized commercial sign in public ROW. Liability attaches ONLY if the political subdivision provides written notice and the person fails to remove the sign within the specified period.; civil penalty of Up to $2,500 for 2nd Violation: Unauthorized commercial sign in public ROW (no notice/cure period required).; civil penalty of Up to $5,000 for 3rd or Subsequent Violation: Unauthorized commercial sign in public ROW.. Consult with legal counsel for specific applicability to your situation.
JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.
