H.B. No. 2116
    1-1                                AN ACT
    1-2  relating to the regulation of the hours of operation of a motor
    1-3  vehicle salvage yard in certain counties; providing a penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Title 116, Revised Statutes, is amended by adding
    1-6  Article 6687-2b to read as follows:
    1-7        Art. 6687-2b.  HOURS OF OPERATION OF MOTOR VEHICLE SALVAGE
    1-8  YARD IN POPULOUS COUNTIES.  (a)  A motor vehicle salvage dealer may
    1-9  not operate heavy machinery in a motor vehicle salvage yard between
   1-10  the hours of 7 p.m. of one day and 7 a.m. of the following day.
   1-11        (b)  A motor vehicle salvage dealer may not operate heavy
   1-12  machinery in a motor vehicle salvage yard at any time on a Sunday.
   1-13        (c)  This article applies only to a motor vehicle salvage
   1-14  yard located in a county with a population of 2.8 million or more,
   1-15  according to the most recent federal decennial census.
   1-16        (d)  A person who violates this article commits a Class C
   1-17  misdemeanor.
   1-18        (e)  The prosecutor in the county where the salvage yard is
   1-19  located or the city attorney in the municipality where the salvage
   1-20  yard is located may bring suit to enjoin a violation of this
   1-21  article.
   1-22        (f)  In this article, "motor vehicle salvage dealer" has the
   1-23  meaning assigned by Section 1, Chapter 506, Acts of the 57th
   1-24  Legislature, Regular Session, 1961 (Article 6687-2, Vernon's Texas
    2-1  Civil Statutes), and its subsequent amendments.
    2-2        (g)  This article excludes sales and purchases by a person
    2-3  who:
    2-4              (1)  is predominately engaged in the business of
    2-5  obtaining ferrous or nonferrous metals that have served their
    2-6  original economic purpose in order to convert such metals, or to
    2-7  sell such metals for conversion, into raw material products
    2-8  consisting of prepared grades and having an existing or potential
    2-9  economic value;
   2-10              (2)  has facilities for performing the process by which
   2-11  ferrous or nonferrous metals are converted into raw material
   2-12  products consisting of prepared grades and having an existing or
   2-13  potential economic value, other than by the exclusive use of hand
   2-14  tools, by methods including, without limitation, the processing,
   2-15  sorting, cutting, classifying, cleaning, baling, wrapping,
   2-16  shredding, shearing, or changing the physical form or chemical
   2-17  content thereof; and
   2-18              (3)  is selling or purchasing such ferrous or
   2-19  nonferrous metals solely for purposes of use in the form of raw
   2-20  materials in the production of new products.
   2-21        SECTION 2.  This Act takes effect September 1, 1993.
   2-22        SECTION 3.  The importance of this legislation and the
   2-23  crowded condition of the calendars in both houses create an
   2-24  emergency and an imperative public necessity that the
   2-25  constitutional rule requiring bills to be read on three several
   2-26  days in each house be suspended, and this rule is hereby suspended.