By Tallas H.B. No. 1722 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the sale of goods on certain public highways or 1-3 rights-of-way; providing penalties. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 1, Title 116, Revised Statutes, is 1-6 amended by adding Article 6673l to read as follows: 1-7 Art. 6673l. ENCROACHMENT ON STATE HIGHWAY RIGHTS-OF-WAY 1-8 Sec. 1. PURPOSE. The legislature finds that the 1-9 encroachment on highways and rights-of-way of the state highway 1-10 system by unauthorized structures and vehicles and by road-side 1-11 vendors provides a public subsidy of private business, thereby 1-12 impairing free enterprise; allows for the circumvention of payment 1-13 of sales tax, resulting in loss of tax revenue and an unfair 1-14 competitive advantage; impairs the safety, health and welfare of 1-15 the users of those highways and of the persons who engage in those 1-16 activities; and thereby constitutes a public nuisance. It is 1-17 therefore the intent of the legislature that this article be 1-18 applied to regulate and restrict all such activities on the state 1-19 highway system to mitigate or prevent that impairment to the 1-20 greatest extent possible. 1-21 Sec. 2. DEFINITIONS. In this article: 1-22 (1) "Commission" means Texas Transportation 1-23 Commission. 2-1 (2) "Department" means the Texas Department of 2-2 Transportation. 2-3 (3) "Highway" means any road, bridge, or highway 2-4 designated as a part of the state highway system. 2-5 (4) "Person" includes individual, corporation, 2-6 organization, business trust, estate, trust, partnership, 2-7 association, and any other legal entity. 2-8 (5) "Right-of-way" means the entire width of land 2-9 between the public boundaries or property lines of a highway. 2-10 Sec. 3. ENCROACHMENT. (a) A person may not place, 2-11 construct, or maintain a vehicle or structure on the right-of-way 2-12 of a highway for the sale of the vehicle or structure or the sale 2-13 of an item or service from the vehicle or structure. 2-14 (b) Subsection (a) of this section does not apply to: 2-15 (1) the placement, construction, or maintenance of a 2-16 structure under other statutory authority; 2-17 (2) an activity authorized by a right-of-way lease 2-18 under the Chapter 757, Acts of the 70th Legislature, Regular 2-19 Session, 1987 (Article 6673a-3, Vernon's Texas Civil Statutes); 2-20 (3) the sale of an agriculture commodity on the 2-21 right-of-way of a highway, other than a controlled access highway, 2-22 if that commodity was grown or produced on the property adjacent to 2-23 the right-of-way; or 2-24 (4) any other activity authorized by law. 2-25 Sec. 4. REMOVAL. The department may, without prior notice 3-1 to the owner of a structure that is in violation of Section 3 of 3-2 this article, remove the structure, and the owner is liable to the 3-3 department for the costs of removal. 3-4 Sec. 5. RULES. (a) The commission may adopt rules for the 3-5 implementation of this article, including rules relating to: 3-6 (1) the procedure for removal of a structure under 3-7 Section 4 of this article; 3-8 (2) the time, manner and place for an activity 3-9 permitted under Section 3(b) of this article of this article. 3-10 Sec. 6. DEPOSIT OF FUNDS. Removal costs received by the 3-11 department under this article shall be deposited in the treasury to 3-12 the credit of the state highway fund. 3-13 Sec. 7. PENALTIES. (a) A person commits an offense if the 3-14 person violates Section 3 of this article. An offense under this 3-15 section is a Class C misdemeanor. 3-16 (b) Each day that a violation of Section 3 of this article 3-17 occurs is a separate offense. 3-18 Sec. 8. SEPARATE STATUTORY RESTRICTIONS. If an activity 3-19 regulated under this article is prohibited or is subject to greater 3-20 restriction under other statutory authority, the other authority 3-21 prevails. 3-22 SECTION 2. This Act takes effect September 1, 1993. 3-23 SECTION 3. The importance of this legislation and the 3-24 crowded condition of the calendars in both houses create an 3-25 emergency and an imperative public necessity that the 4-1 constitutional rule requiring bills to be read in each house be 4-2 suspended, and this rule is hereby suspended.