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House Bill 1768 |
House Author: Munoz, Jr. et al. |
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Effective: Vetoed |
Senate Sponsor: Hinojosa |
House Bill 1768 amends the Transportation Code to lower from 1.3 million to 450,000 the minimum population threshold of a county under which the county commissioners court by order may regulate roadside vendors and solicitors in the unincorporated area of the county under certain circumstances. The bill specifies that such an order adopted by the commissioners court of a county with a population of less than 3.3 million may not prohibit the sale of livestock.
Reason Given for Veto: "House Bill 1768 would encroach upon the rights of private enterprise and property owners while fundamentally altering and expanding the role of county government. House Bill 1768 would allow the commissioners court of a county with a population of 450,000 or more to regulate vendors in the right-of-way of a public road or highway, and in a parking lot.
"It would be unfortunate if, through regulation, we unintentionally prevented, for example, the owner of a peach orchard with baskets of fruit or a Girl Scout troop with cartons of cookies from reaching their consumers. As a state, we should not raise barriers of entry into the marketplace, stifle competition or hinder the entrepreneurial spirit.
"Because I appreciate the goal of House Bill 1768 to protect the health and safety of the public on our roadways, I am directing the Texas Department of Public Safety and the Texas Department of Transportation to work together with county governments to assist them in fully utilizing the existing tools at their disposal to balance public safety and free enterprise."