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.