By Kamel H.B. No. 407
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulation of sales and solicitations on roadsides and
1-3 state rights-of-way; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2.3015, County Road and Bridge Act
1-6 (Article 6702-1, Vernon's Texas Civil Statutes), is amended to read
1-7 as follows:
1-8 Sec. 2.3015. REGULATION OF ROADSIDE VENDORS IN <POPULOUS>
1-9 COUNTIES. (a) To promote the public safety, the commissioners
1-10 court of a county with a population of 125,000 or more <than 1.4
1-11 million>, according to the most recent federal census, by order may
1-12 regulate:
1-13 (1) the extent to which a vendor of food or
1-14 merchandise of any kind may:
1-15 (A) sell the items on a public highway or road
1-16 in the unincorporated area of the county or in the right of way of
1-17 the highway or road; and
1-18 (B) erect, maintain, or place a structure on the
1-19 highway or road or in the right of way; and
1-20 (2) the extent to which a person may solicit funds on
1-21 a public highway or road in the unincorporated area of the county
1-22 or in the right of way of the highway or road.
1-23 (b) As part of the regulations, the commissioners court may:
1-24 (1) require a vendor or a person soliciting funds to
2-1 obtain a permit to sell the food or merchandise or to solicit the
2-2 funds;
2-3 (2) charge a reasonable fee for the permit; and
2-4 (3) provide for the removal of any structure that is
2-5 on a public highway or road or in a right of way of a public
2-6 highway or road in violation of the regulations.
2-7 (c) If a regulation adopted under this section conflicts
2-8 with a statute or a state agency rule, the statute or rule prevails
2-9 to the extent of the conflict.
2-10 (d) A person commits an offense if the person intentionally
2-11 or knowingly violates a regulation adopted under this section or
2-12 obstructs or threatens to obstruct the removal of a structure that
2-13 is on a public highway or road or in the right of way of a public
2-14 highway or road in violation of a regulation adopted under this
2-15 section. Each day a violation continues constitutes a separate
2-16 offense. An offense under this subsection is a Class C
2-17 misdemeanor.
2-18 SECTION 2. Title 116, Revised Statutes, is amended by adding
2-19 Article 6673l to read as follows:
2-20 Art. 6673l. ENCROACHMENT ON STATE HIGHWAY RIGHTS-OF-WAY
2-21 Sec. 1. DEFINITIONS. In this article:
2-22 (1) "Highway" means a road, bridge, or highway that is
2-23 a part of the state highway system.
2-24 (2) "Person" includes individual, corporation,
2-25 organization, business trust, estate, trust, partnership,
2-26 association, and any other legal entity.
2-27 (3) "Right-of-way" means the entire width of land
3-1 between the public boundaries or property lines of a highway.
3-2 Sec. 2. ENCROACHMENT. (a) A person may not place,
3-3 construct, or maintain a vehicle or structure on the right-of-way
3-4 of a highway for its sale or the sale of an item or service from
3-5 the vehicle or structure.
3-6 (b) Subsection (a) of this section does not apply to:
3-7 (1) the placement, construction, or maintenance of a
3-8 structure under other statutory authority;
3-9 (2) an activity authorized by a right-of-way lease
3-10 under Chapter 757, Acts of the 70th Legislature, Regular Session,
3-11 1987 (Article 6673a-3, Vernon's Texas Civil Statutes);
3-12 (3) the sale of an edible agricultural commodity or
3-13 aquacultural product, cut flowers, or a raw timber product on the
3-14 right-of-way of a highway, other than a controlled access highway;
3-15 or
3-16 (4) any other activity authorized by law or regulated
3-17 by a county under the provisions of Section 2.3015, County Road and
3-18 Bridge Act (Article 6702-1, Vernon's Texas Civil Statutes).
3-19 Sec. 3. REMOVAL. The department may, without prior notice
3-20 to the owner of a vehicle or structure that is located on the
3-21 right-of-way of a highway in violation of Section 2 of this
3-22 article, remove the vehicle or structure, and the owner is liable
3-23 to the department for the costs of removal.
3-24 Sec. 4. RULES. The commission may adopt rules for the
3-25 implementation of this article, including rules relating to:
3-26 (1) the procedure for removal of a vehicle or
3-27 structure under Section 3 of this article; and
4-1 (2) the time, manner, and place for an activity
4-2 permitted under Section 2(b) of this article.
4-3 Sec. 5. DEPOSIT OF FUNDS. Removal costs received by the
4-4 department under this article shall be deposited in the treasury to
4-5 the credit of the state highway fund.
4-6 Sec. 6. PENALTIES. (a) A person commits an offense if the
4-7 person violates Section 2 of this article. An offense under this
4-8 section is a Class C misdemeanor.
4-9 (b) Each day that a violation of Section 2 of this article
4-10 occurs is a separate offense.
4-11 Sec. 7. SEPARATE STATUTORY RESTRICTIONS. If an activity
4-12 regulated under this article is prohibited or is subject to greater
4-13 restriction under other statutory authority, the other authority
4-14 prevails.
4-15 SECTION 3. (a) Except as provided by Subsection (b) of this
4-16 section, this Act takes effect immediately.
4-17 (b) Section 2 of this Act takes effect September 1, 1993.
4-18 SECTION 4. The importance of this legislation and the
4-19 crowded condition of the calendars in both houses create an
4-20 emergency and an imperative public necessity that the
4-21 constitutional rule requiring bills to be read on three several
4-22 days in each house be suspended, and this rule is hereby suspended,
4-23 and that this Act take effect and be in force according to its
4-24 terms, and it is so enacted.