BILL ANALYSIS



H.B. 228
By: Dear
April 30, 1995
Committee Report (Unamended)


BACKGROUND

Vernon's Annotated Civil Statutes Article 2372dd-1, in conjunction
with Article 4477-9a, the Highway Beautification Act, states that
an automotive wrecking and salvage yard that is located within 1000
feet of a right-of-way must be screened by "natural objects,
fences, or other appropiate means so that it is not visible from
the main-traveled way of the interstate or primary system." These
articles also state that an automotive wrecking and salvage yard
may not accumulate salvaged materials to a height exceeding eight
feet above ground level, and the yards may not extend to within 50
feet of a right-of-way.

Presently, a salvage yard operator who violates certain of these
provisions, including the provision which prohibits operation
within 50 feet of a right-of-way, is not subject to any minimum
fine.

PURPOSE

This bill would implement a $100.00 minimum fine for violation of
the 50-foot right-of-way requirement and for violations of certain
screening requirements.  Auto salvage yard owners who pile junked
cars right up to and onto the shoulders of public roads, have done
immeasurable damage to property values, business growth, tourism,
and the sensibilities of nearby residents. Enforcement is a major
problem. A stiff minimum fine for offenders will provide county
officials with the means to address this problem.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Changes the punishment for violations of certain
           sections of Article 2372dd-1, Vernon's Texas Civil
           Statutes, to a fine of not less than $100 and not more
           than $500.

SECTION 2. This Act applies only to an offense committed after the
           effective date of this Act.

SECTION 3. Emergency clause.


SUMMARY OF COMMITTEE ACTION

H.B. 228 was considered by the committee in a public hearing on
March 7, 1995.

The following persons testified in favor of the bill:

           Representative Homer Dear;
           Jerry Guillory, representing the City of Azle;
           Dick Gann, representing himself;
           Edwin Cvetko, representing himself;
           Peggy Davis, representing herself; and
           Elaine Dunn, representing herself.

The bill was referred to a subcommittee to be named later by the
Chair.

On March 14, 1995, the Chair named the following subcommittee:  the
Subcommittee on Regulation composed of Representatives Howard,
Turner and Mowery.

H.B. 228 was considered by the subcommittee in a formal meeting on
March 16, 1995.

The bill was left pending.

H.B. 228 was considered by the subcommittee in a formal meeting on
March 23, 1995.

The bill was reported favorably without amendment to the full
committee by a record vote of 3 ayes, 0 nays, 0 pnv, 0 absent.

H.B. 228 was considered on subcommittee report by the committee in
a formal meeting on April 26, 1995.

The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
7 ayes, 0 nays, 0 pnv, 2 absent.