SRC-CDH H.B. 1401 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1401
By: Palmer (Harris)
Intergovernmental Relations
5-8-97
Engrossed


DIGEST 

Currently, Section 396.021 of the Transportation Code states that an
automotive wrecking and salvage yard that is located within 1,000 feet of
a right-of-way must be screened with a solid barrier fence at least eight
feet high and painted a natural earth tone color.  Section 396.022,
Transportation Code, states that an automotive wrecking and salvage yard
may not accumulate salvaged materials to a height exceeding eight feet
above ground level, and the yard may not extend to within 50 feet of a
right-of-way.  Presently, a salvage yard operator who violates these
provisions, including the provision which prohibits operation within 50
feet of a right-of-way, is not subject to any minimum fine.  Section
396.041 of the Transportation Code allows for a county to issue and renew
licenses to operate automotive wrecking and salvage yards; however, the
fee for such a license is capped at $25, which does not accurately reflect
the costs for processing the investigation for each licensee. H.B. 1401
would implement a $100 minimum fine for violation of the 50-foot
right-of-way requirement and for violations of certain screening
requirements.  In addition, this bill would allow counties with
populations greater than one million to impose licensing fees of up to
$250 to recover the costs of processing.   

PURPOSE

As proposed, H.B. 1401 provides for the regulation of automotive wrecking
and salvage yards in certain counties; and establishes penalties.   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 396.024(b), Transportation Code, to provide that
an offense under this section is a misdemeanor punishable by a fine of not
less than $100 or more than $500, rather than a Class C misdemeanor. 

SECTION 2. Amends Section 396.041(c), Transportation Code, to authorize an
ordinance to impose a fee of $25 for the issuance or renewal of a license,
if the ordinance is adopted by the commissioners court of a county with a
population of less than 1,000,000; or impose a fee of not more than $150
for the issuance or renewal of a license, if the ordinance is adopted by
the commissioners court of a county containing two or more municipalities
each of which has a population of 250,000 or more.  Makes a conforming
change. 

SECTION 3. Amends Section 396.045(b), Transportation Code, to provide that
an offense under this section is punishable by a fine of not less than
$100 and not more than $500, rather than a Class C misdemeanor. 

SECTION 4. Makes application of this Act prospective.

SECTION 5. Emergency clause.  
  Effective date:  90 days after adjournment.