By: Yarbrough H.B. No. 1468
73R5410 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the penalty for illegally operating certain automobile
1-3 wrecking and salvage yards.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 12, Chapter 886, Acts of the 68th
1-6 Legislature, Regular Session, 1983 (Article 2372dd, Vernon's Texas
1-7 Civil Statutes), is amended by amending Subsection (a) and adding
1-8 Subsections (c), (d), (e), and (f) to read as follows:
1-9 (a) A person who operates an automotive wrecking and salvage
1-10 yard in violation of this Act commits an offense. Each <An offense
1-11 under this section is a Class C misdemeanor, and each> day the
1-12 violation continues is a separate offense.
1-13 (c) Except as provided by Subsections (d), (e), and (f) of
1-14 this section, an offense under this section is a misdemeanor
1-15 punishable by a fine of $250.
1-16 (d) If it is shown on the trial of an offense under this
1-17 section that the person has previously been convicted one time of
1-18 an offense under this section, the offense is punishable by a fine
1-19 of $500.
1-20 (e) If it is shown on the trial of an offense under this
1-21 section that the person has previously been convicted two times of
1-22 an offense under this section, the offense is punishable by a fine
1-23 of $750, by confinement in jail for a term not to exceed 180 days,
1-24 or by both the fine and the confinement.
2-1 (f) If it is shown on the trial of an offense under this
2-2 section that the person has previously been convicted three or more
2-3 times of an offense under this section, the offense is punishable
2-4 by a fine of $1,000, by confinement in jail for a term not to
2-5 exceed 180 days, or by both the fine and the confinement.
2-6 SECTION 2. This Act takes effect September 1, 1993. The
2-7 change in law made by this Act applies only to the punishment for
2-8 an offense committed on or after that date. The punishment for an
2-9 offense committed before the effective date of this Act is covered
2-10 by the law in effect when the offense was committed, and the former
2-11 law is continued in effect for that purpose. For purposes of this
2-12 section, an offense was committed before the effective date of this
2-13 Act if any element of the offense occurred before that date.
2-14 SECTION 3. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended.