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.