1-1 By: Yarbrough (Senate Sponsor - Shelley) H.B. No. 2116
1-2 (In the Senate - Received from the House April 19, 1993;
1-3 April 19, 1993, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 5, 1993, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 6, Nays
1-6 0; May 5, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 COMMITTEE SUBSTITUTE FOR H.B. No. 2116 By: Whitmire
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the regulation of the hours of operation of a motor
1-24 vehicle salvage yard in certain counties; and inventory record
1-25 information; providing a penalty.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Title 116, Revised Statutes, is amended by adding
1-28 Article 6687-2b to read as follows:
1-29 Art. 6687-2b. HOURS OF OPERATION OF MOTOR VEHICLE SALVAGE
1-30 YARD IN POPULOUS COUNTIES. (a) A motor vehicle salvage dealer may
1-31 not operate heavy machinery in a motor vehicle salvage yard between
1-32 the hours of 7 p.m. of one day and 7 a.m. of the following day.
1-33 (b) A motor vehicle salvage dealer may not operate heavy
1-34 machinery in a motor vehicle salvage yard at any time on a Sunday.
1-35 (c) This article applies only to a motor vehicle salvage
1-36 yard located in a county with a population of 2.8 million or more,
1-37 according to the most recent federal decennial census.
1-38 (d) A person who violates this article commits a Class C
1-39 misdemeanor.
1-40 (e) The prosecutor in the county where the salvage yard is
1-41 located or the city attorney in the municipality where the salvage
1-42 yard is located may bring suit to enjoin a violation of this
1-43 article.
1-44 (f) In this article, "motor vehicle salvage dealer" has the
1-45 meaning assigned by Section 1, Chapter 506, Acts of the 57th
1-46 Legislature, Regular Session, 1961 (Article 6687-2, Vernon's Texas
1-47 Civil Statutes), and its subsequent amendments.
1-48 (g) This Article Excludes:
1-49 (1) sales and purchases by a person who:
1-50 (A) is predominately engaged in the business of
1-51 obtaining ferrous or nonferrous metals that have served their
1-52 original economic purpose in order to convert such metals, or to
1-53 sell such metals for conversion, into raw material products
1-54 consisting of prepared grades and having an existing or potential
1-55 economic value;
1-56 (B) has facilities for performing the process by
1-57 which ferrous or nonferrous metals are converted into raw material
1-58 products consisting of prepared grades and having an existing or
1-59 potential economic value, other than by the exclusive use of hand
1-60 tools, by methods including, without limitation, the processing,
1-61 sorting, cutting, classifying, cleaning, baling, wrapping,
1-62 shredding, shearing, or changing the physical form or chemical
1-63 content thereof; and
1-64 (C) is selling or purchasing such ferrous or
1-65 nonferrous metals solely for purposes of use in the form of raw
1-66 materials in the production of new products.
1-67 SECTION 2. Sections 1(c), (f) chapter 506, Acts of the 57th
1-68 Legislature, Regular Session, 1961 (Article 6687-2, Vernon's Texas
2-1 Civil Statutes), are amended to read as follows:
2-2 (c) A motor vehicle salvage dealer shall keep an accurate
2-3 and legible inventory of each used component part purchased by or
2-4 delivered to him, as follows:
2-5 (1) date of purchase or delivery;
2-6 (2) name, age, address, sex, and driver's license
2-7 number of the seller and a legible photocopy of the seller's
2-8 driver's license;
2-9 (3) the license number of the motor vehicle used to
2-10 deliver the component part;
2-11 (4) a complete description of the item purchased,
2-12 including the type of material and, if applicable, the make, model,
2-13 color, and size of the item; and
2-14 (5) the vehicle identification number of the motor
2-15 vehicle from which the component part was removed.
2-16 (d) A motor vehicle salvage dealer is not required to keep
2-17 records under Subsection (c) of this section of interior component
2-18 parts or special accessory parts on a motor vehicle more than 10
2-19 years of age.
2-20 (e) In lieu of the requirements contained in Subsection (c)
2-21 of this section, a motor vehicle salvage dealer may record the name
2-22 of the <dismantles> business that the motor vehicle or motor vehicle
2-23 part is purchased from and the Texas Certificate of Inventory
2-24 number or Federal Taypayer Identification Number.
2-25 (f) (1) A motor vehicle salvage dealer shall:
2-26 (A) assign a unique inventory number to each
2-27 transaction in which the salvage dealer purchases or takes delivery
2-28 of one or more component parts:
2-29 (B) attach the unique inventory number to each
2-30 component part the dealer obtains in the transaction; and
2-31 (C) retain each component part in its original
2-32 condition on the business premises of the original buying salvage
2-33 dealer for at least three calendar days, excluding Sunday, after
2-34 the date on which the dealer obtains the part.
2-35 (2) A unique inventory number attached to a component part
2-36 as required by Subdivision (1) of this subsection may not be
2-37 removed while the part remains in the inventory of the motor
2-38 vehicle salvage dealer. If a component part does not have a
2-39 vehicle identification number or the vehicle identification number
2-40 has been removed or the vehicle identification number of the
2-41 vehicle from which the component part was removed is not available,
2-42 a motor vehicle salvage dealer shall record the component part or
2-43 component parts on an affidavit bill of sale. The form of the
2-44 affidavit bill of sale shall be prescribed and made available by
2-45 the State Department of Highways and Public Transportation.
2-46 (3) This Section Excludes:
2-47 (a) sales and purchases between salvage dealers and
2-48 other automotive related businesses of non-operable engines,
2-49 transmission and rear axle assemblies; and
2-50 (b) sales and purchases by a person who:
2-51 (1) is predominately engaged in the business of
2-52 obtaining ferrous or nonferrous metals that have served their
2-53 original economic purpose in order to convert such metals, or to
2-54 sell such metals for conversion, into raw material products
2-55 consisting of prepared grades and having an existing or potential
2-56 economic value;
2-57 (2) has facilities for performing the process by
2-58 which ferrous or nonferrous metals are converted into raw material
2-59 products consisting of prepared grades and having an existing or
2-60 potential economic value, other than by the exclusive use of hand
2-61 tools, by methods including, without limitation, the processing,
2-62 sorting, cutting, classifying, cleaning, baling, wrapping,
2-63 shredding, shearing, or changing the physical form or chemical
2-64 content thereof; and
2-65 (3) is selling or purchasing such ferrous or
2-66 nonferrous metals solely for purposes of use in the form of raw
2-67 materials in the production of new products.
2-68 SECTION 3. This Act takes effect September 1, 1993, and
2-69 applies only to component parts of motor vehicles received by a
2-70 motor vehicle salvage dealer on or after that date. A motor
3-1 vehicle component part received by a motor vehicle salvage dealer
3-2 before the effective date of this Act is subject to the law in
3-3 effect at the time the dealer received the part, and the former law
3-4 is continued in effect for this purpose.
3-5 SECTION 4. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended.
3-10 * * * * *
3-11 Austin,
3-12 Texas
3-13 May 5, 1993
3-14 Hon. Bob Bullock
3-15 President of the Senate
3-16 Sir:
3-17 We, your Committee on Intergovernmental Relations to which was
3-18 referred H.B. No. 2116, have had the same under consideration, and
3-19 I am instructed to report it back to the Senate with the
3-20 recommendation that it do not pass, but that the Committee
3-21 Substitute adopted in lieu thereof do pass and be printed.
3-22 Armbrister,
3-23 Chairman
3-24 * * * * *
3-25 WITNESSES
3-26 FOR AGAINST ON
3-27 ___________________________________________________________________
3-28 Name: Mart C. Hanna x
3-29 Representing: Auto Theft Preve. Authority
3-30 City: Katy
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3-32 Name: Jim Aubuchon x
3-33 Representing: Commercial Metals Company
3-34 City: Dallas
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3-36 Name: Jeanette Rash x
3-37 Representing: Harris Co. Used Auto/Truck Pt
3-38 City: Houston
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3-40 Name: David Barber x
3-41 Representing: City of Houston
3-42 City: Houston
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3-44 Name: Michael T. Mark x
3-45 Representing: Tx Automotive Dismantler
3-46 City: Austin
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