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.