73R5393 JJT-D By Yarbrough H.B. No. 2116 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of the hours of operation and noise 1-3 levels produced by a motor vehicle salvage yard in certain 1-4 counties; providing a penalty. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Title 116, Revised Statutes, is amended by adding 1-7 Article 6687-2b to read as follows: 1-8 Art. 6687-2b. NOISE AND HOURS OF OPERATION OF MOTOR VEHICLE 1-9 SALVAGE YARD IN POPULOUS COUNTIES. (a) A motor vehicle salvage 1-10 dealer may not operate machinery in a motor vehicle salvage yard 1-11 that produces a sound at a level of 70 decibels measured at the 1-12 property line. 1-13 (b) A motor vehicle salvage dealer may not operate heavy 1-14 machinery in a motor vehicle salvage yard between the hours of 7 1-15 p.m. of one day and 7 a.m. of the following day. 1-16 (c) A motor vehicle salvage dealer may not operate heavy 1-17 machinery in a motor vehicle salvage yard at any time on a Sunday. 1-18 (d) This article applies only to a motor vehicle salvage 1-19 yard located in a county with a population of 2.8 million or more, 1-20 according to the most recent federal decennial census. 1-21 (e) A person who violates this article commits a Class C 1-22 misdemeanor. 1-23 (f) The prosecutor in the county where the salvage yard is 1-24 located or the city attorney in the municipality where the salvage 2-1 yard is located may bring suit to enjoin a violation of this 2-2 article. 2-3 (g) In this article, "motor vehicle salvage dealer" has the 2-4 meaning assigned by Section 1, Chapter 506, Acts of the 57th 2-5 Legislature, Regular Session, 1961 (Article 6687-2, Vernon's Texas 2-6 Civil Statutes), and its subsequent amendments. 2-7 SECTION 2. This Act takes effect September 1, 1993. 2-8 SECTION 3. The importance of this legislation and the 2-9 crowded condition of the calendars in both houses create an 2-10 emergency and an imperative public necessity that the 2-11 constitutional rule requiring bills to be read on three several 2-12 days in each house be suspended, and this rule is hereby suspended.