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.