BWH C.S.H.B. 964 75(R)BILL ANALYSIS


COUNTY AFFAIRS
C.S.H.B. 964
By: Kamel
3-12-97
Committee Report (Substituted)



BACKGROUND 

Currently, counties with a  population of more than 1.4 million have the
authority to regulate activities surrounding their public highways and
roads.  Smaller urban counties do not have this authority.  During the
past years, many of these counties' roadways have become cluttered with
roadside vendors who may sell food or merchandise on the roadway or
right-of-way.  The proliferation of these vendors have resulted in traffic
jams along major county roadways, creating a burden upon the county
governments and their citizens. 

PURPOSE

House Bill 964, as substituted, gives the commissioners court of a county
the authority to regulate vendors and their operations, with exceptions. 

RULEMAKING AUTHORITY

SECTION 4 of the substitute provides the Texas Department of
Transportation with express rulemaking authority under Subsection
285.005(e), Transportation Code. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends chapter heading to Chapter 285, Transportation Code.

SECTION 2. Amends Sections 285.001, Transportation Code, by:
 1) Amending Subsection (a) by changing the population bracket to less
than 2.8 million, and provide an exemption that counties of less than 2.8
million may not regulate the sale of items listed in Subsection (b); and 
 2)  Adds a new Subsection (b) which exempts  aquaculture products, edible
agricultural products, firewood, and cut flowers from county regulation. 

SECTION 3. Amends Section 285.002, Transportation Code as follows:
 1) Amends Subsection (a)(2) by striking the requirement that a fee
charged by a commissioners court for a permit must be "reasonable"; 
 2)  Adds a new Subsection (b) which prohibits a commissioners court from
authorizing the erection of a "permanent or portable structure" in certain
locations; and 
 3)  Adds a new Subsection (c) which sets out certain requirements
regarding the amount of the fee which can be charged by the commissioners
court for a permit. 

SECTION 4. Adds a new Section 285.005, Transportation Code as follows:
 1)  New Subsection (a) requires a commissioners court to submit a
description of a proposed regulation or permit to the department; 
 2)  New Subsection (b) sets out the reasons under which the department
may not approve the proposed regulation or permit; 
 3)  New Subsection (c) provides the department must notify the
commissioners court of its action on the proposed regulation or permit,
and allows the automatic approval of a proposed regulation or permit if
the department has not acted within 30 days of the date received; 
 4)  New Subsection (d) makes the department's disapproval of a proposed
regulation or permit the final administrative decision without any further
remedies being available to the  commissioners court; and 
 5) New Subsection (e) provides the department with rulemaking authority.

SECTION 5. The change in law made by this Act does not affect an offense
committed   
before the effective date (September 1, 1997) .  An offense is considered
to have occurred before the effective date only if each element of the
offense occurred before that date. 

SECTION 6. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The C.S.H.B. 964 adds a new SECTION 4 which creates a new Section 285.005
to the Transportation Code.  Under this section a commissioners court will
not have the authority to adopt a regulation or issue a permit under this
Act without the approval of the Texas Department of Transportation.